China to get in on ADR

This week, the Supreme People's Court of China said local courts nationwide should find innovative alternatives to litigation in resolving disputes. An official statement urged 50 local courts to better meet people's legal requirements and take a judicial role. Reportedly, the move is in line with the Communist Party of China Central Committee's decision on comprehensively advancing the rule of law, which was released last fall, in order to "perfect pluralized dispute resolution mechanisms that organically link and mutually coordinate mediation, arbitration, administrative rulings, administrative redress, litigation, etc." The 50 courts were directed to innovate in dispute resolution work and lead the way in the reform. The Supreme People's Court is the highest judicial organ in China and is responsible for independently exercising the highest judicial right according to the law and without any interruption by administrative organs, social organizations or individuals. Interestingly, the high court in China is charged with three wide-ranging responsibilities: 1) trying cases that have the greatest influence in China, hearing appeals against the legal decisions of higher courts, and trying cases The Supreme People's Court claims within its original jurisdiction; 2) supervising the work of local courts and special courts at every level, overruling wrong judgements they might have made, and reviewing cases tried by the lower courts; and 3) giving judicial explanations of the specific utilization of laws in the judicial process that must be carried out nationwide. See story here-- http://english.eastday.com/auto/eastday/nation/u1ai8473294.html and the English version of The Supreme People's Court's website: http://en.chinacourt.org

China As Global Mediator

When the Chinese government decided to appoint a special envoy to the Middle East a decade ago, China's concerns about the peace process there became evident. Whether China's mediation efforts contradict its longstanding principle of non-interference in internal affairs is of special interest as China becomes more deeply involved in the resolution of regional and international conflicts, indicating its emergence as a mediator. Since the Arab Spring last year, China has used its veto power several times in the United Nations Security Council and played a constructive role in the mediation of the ongoing crisis in Syria. China has contributed a peacekeeping medical team in southern Lebanon and remains one of the six parties involved in the talks on the Iranian nuclear issue. Because of the size of China's economy and its growing influence around the world, the once-isolated country has evolved as global mediator, seeking governance necessary for its own development. China was quick to urge the Syrian government and all parties concerned to halt the violence. China's former practice was to call for restraint from the parties and for peaceful resolution through dialogue-- not to take action. Mediation is now consistent with China's continuing role as a permanent member of the UN Security Council, which means it can no longer do nothing. This includes efforts in the Korean Peninsula and Africa, as well. China has been relatively absent from contemporary international mediation initiatives since the current republic's founding in 1949. However, it is now driven by increasing international stature, coupled with intensification of unresolved and newly emerging conflicts that threaten world security. See story - http://bit.ly/V81Zye

Chinese iPad? Confucius say: Mediate

Apple's newest iPad is still unavailable in China. Apparently, the Higher People’s Court of Guangzhou began hearing an appeal by Apple following a Chinese lower court's ruling in favor of a Chinese tech company, Proview, that claims ownership of the trademark in China. The court’s foreign affairs office states the court will withhold judgment as long as both parties continue talking. Proview’s lawyer confirms mediation will continue, though a “big gap” remains between the two sides, according to reports. Proview seeks up to $1.5 billion. Revenue from China accounts for almost twenty percent of Apple’s total. In China, mediation is a way of life and litigation is seen as a last resort, embarrassing to honor and the community. Harmony, professed by Confucius to be valuable in governance and social order, is a principle to which Chinese culture adheres. Mediation by a third party has a long history dating back as early three thousand years ago, during the Xi Zhou Dynasty. Perhaps this tradition will help resolve a modern technology dispute involving one of the world's most coveted gadgets. See more information at http://zd.net/LbQLrz and http://bit.ly/KHDsLw UPDATE: 7/2/12 - Apple pays $60 million to settle iPad trademark dispute in Chinese high court-mediated deal See story http://yhoo.it/OTBT1R