Author
Assoc Prof BI Ying
Organisation/Institution
Zhejiang University Guanghua Law School
Country
CHINA
Panel
International Arbitration and Dispute Resolution
Title
The Tangram of Justice: Assembling Law (Fa), Reason (Li), and Interest (Li) in Chinese Commercial Mediation
Abstract
This study meticulously examines 122 international commercial mediation cases from China. Utilizing systematic content analysis, three pivotal elements that shape Chinese commercial mediation are identified: ‘Law’ is adaptive and hybrid; ‘Reason’ is multi-dimensional and structured; ‘Interest’ is transformative and forward-looking. Our findings reveal that these elements, interacting in a tangram-piecing approach, are adeptly configured to address the unique complexities of each dispute, thereby crafting tailored solutions that transcend conventional win-lose paradigms. This dynamic orchestration of Law, Reason, and Interest not only preserves the essence of justice but also enhances the mediation process with its communicative and integrative capabilities. Insights from this study suggest that the Chinese model, with its adaptable yet structured ‘Law-Reason-Interest’ framework, has the potential to significantly enrich global mediation practices.
Biography
Educational/Professional Experiences • 1999.9-2003.7, LL.B., Tsinghua University, China • 2003.9-2006.7, LL.M. in International Law, Tsinghua University, China • 2006.10-2009.7, LL.D. in International Relations, Kyushu University, Japan • 2009.10-2010.8, Foreign Law Researcher, Soga Itoga Law Firm, Tokyo, Japan • 2014.9-2015.8, Visiting Scholar, Waseda University, Japan • 2010.8-at current, Associate Professor, Zhejiang University, China English Publications • All Roads Lead to Rome? Carving an Inclusive Path towards Global Regulation of State-Owned Enterprises, Hong Kong Law Journal (2024, vol.54) • Experimentation at the WTO lab: towards a better ‘Interface’ to accommodate State-owned enterprises, Journal of International Dispute Settlement (2024, vol.15) • The State Administration for Market Regulation and Its Leniency Programme, in Leniency in Asian Competition Law, Cambridge University Press 2022,1/2，in Steven Van Uytsel et al (eds.), Leniency in Asian Competition Law, Cambridge University Press 2022. 1/2 • Regulating FinTech in Asia, Springer 2020 (eds.). 3/3 • An Inquiry into the Approach to Asian Regional Trade Integration Under the Belt and Road Initiative—The Case of the Alignment of a China-Japan-South Korea Free Trade Area, Contemporary Social Sciences (2019), vol.4.1/2 • Beat or Join? The Challenges of China’s Asian Infrastructure Investment Bank to the US and Japan, China and WTO Review (2016), vol.2 • Delayed Leniency Applications: The Unfortunate but Predictable Outcome of the Flexible Leniency Policies Under the Chinese Antimonopoly Law, in Fenwick, Mark, Wrbka, Stefan (eds.), Flexibility in Modern Business Law: A Comparative Assessment, Springer Publishing (2016).2/2 • Rising Mega RTA? China-Japan-Korea FTA under the New Trade Dynamism, Journal of East Asia and International Law (2015), vol.8(2) • Could Predatory Pricing Rules Substitute for Antidumping Laws in the Proposed China–Japan–Korea Free Trade Agreement? Social Science Japan Journal (2015), vol.18,1/2 • Is Dumping Still Harmful? New Thinking on Antidumping in the Global Free Trade, Journal of East Asia and International Law (2013), vol.6(1) • The Interaction of Trade and Competition Policy in the Globalization Process -- A Survey of “Consumer Interest” in Chinese Antidumping Context, The Journal of World Investment& Trade (2011), vol.12 • The Application of a ‘Market Share’ Test to Antidumping Cases in China--Seeking a New Development Model via the Interaction of Trade and Competition, Manchester Journal of International Economic Law (2011), vol.8 • Dumping: Antidumping Law or Competition Law, Intellectual Property, Intellectual Property Press, 2011. • Substituting Antidumping Law with Competition Law: The better option in avoiding Protectionist Abuse, Hosei Kenkyu [Japan] (2009) vol.76(3)
