중국 해사중재제도의 특징에 관한 연구

A Study on the Feature of Chinese Maritime Arbitration

Arbitration is an efficient, economical method of dispute resolution where the legal experts of the respective field may take a more active role in resolving a dispute. Despite these advantages, arbitration, especially arbitration involving maritime disputes, is yet to be widely used. China is a nation that maritime disputes in distinction from overseas trade disputes have been dealt with. china has a peculiar practice of "four ways, three organizations and two systems on the maritime disputes. China maritime arbitration has a nature of an international arbitration like international economic and trade arbitration. the former is almost equal to the latter except for the structure of commission and scope of application. Another trait of china maritime arbitration commission is a policy that it makes the best use of conciliation in advance of arbitration, if possible. More than half of disputes which the maritime arbitration commission accepts to resolve has been settled by means of conciliation. This is very different from the Western. they say that it is very hard to settle the disputes by conciliation.