ABSTRACT
Providing a window into the unique arbitration practices in the East Asian region, this chapter presents a series of six arbitration case studies involving processes of conciliated decision-making. In general, the case studies confi rm the survey fi ndings that because of the fl exible structure of international arbitration based on a Model Law system which allows countries to opt in or out of particular provisions, procedural variation pertaining to differing preferences for conciliatory or adjudicatory approaches to arbitration can coexist with a relatively high level of substantive legal uniformity across regions. In order to give a context for these case studies, this section begins with a presentation of the proportion of cases that involve compromise decisions in a major arbitral region in East Asia-China. A review of conciliated arbitration awards in China shows that, at present, there continues to be a relatively high proportion of compromise arbitration cases. Following an examination of case statistics, this chapter presents a set of six case studies to provide further insights into the process and techniques used to promote settlement in the context of arbitration proceedings. The case studies are selected on the basis of two criteria. The fi rst objective of the case studies is descriptive, to provide basic data on unique approaches to arbitration in the region. The second criterion used in case selection is case disposition variation. Overall, six types of disposition were analyzed: 1) suggesting the use of conciliation, 2) persisting with conciliation through many iterations of negotiation, 3) conciliations conducted at the explicit request of the parties, 4) conciliated settlements reached through “friendly consultations,” 5) settlements arrived at through “splitting the difference,” and 6) the resumption of arbitration proceedings following a failed conciliation attempt.
