Hello! Please
Create discussion response for the attached write-up and be write as if
you were reviewing his or her posting in an academic
journal. Your discussion response should therefore answer the following
questions as applicable: Was your classmate’s reasoning articulate and logical? Were the facts correct? Was the interpretation your classmate provided reasonable
and consistent with experts in the field? Did your classmate defend the
choices effectively?The focus for your critical analysis is not whether or not you
agree with your classmate, but how well his or her position was
presented.Each response should be 200-300 words in length and is to
include a minimum of two sources properly cited and referenced: (a) Holley, W. H., Jennings, K. M., & Wolters, R. S. (2012). The labor relations process (10th Ed.). Mason, OH: South-Western.
, and (b) an academic journal article (selected from the above
listing) that is at least 3-5 pages in length and published within the
last 3-5 years. Please use the following article for G Cox :http://kluwerarbitrationblog.com/2013/11/07/arbitr…Please use the following article for L Campbell: https://blogs.loc.gov/law/2014/07/international-ar…LCampbell
Write Up 1
I chose Mexico as the country to review the arbitration process. The Federal Commercial Code of Mexico
and the Civil Procedure Codes recognizes arbitration for dispute resolution. The agreement to arbitrate
disputes are given in writing between the parties. The number of arbitrators is normally one, but can be
three; the total chosen must be an uneven number (Mueller-Garcia, 2010).
The provisions include: the parties can agree on the controls for the arbitration and if they are unable to,
Mexico law controls; parties have to agree to arbitrate; objection to arbitration must be made prior to or at
the start of the arbitration; parties involved chose the location for the arbitration; and If either party brings
litigation via the courts after arbitration has been agreed upon, the courts will dismiss the lawsuit and uphold
the agreement. The Mexican Courts are considered to be arbitration friendly and have a willingness to
respect the proceedings and enforce the awards (Mueller-Garcia, 2010).
There are similarities between Mexico and the United States arbitration process and how the Courts regard
findings. In my opinion, one system does not seem to be better than another. A recent development in
regards to the laws concerning the arbitration, in 2014, the Mexican Supreme Court ruled that class action
suits were permissible despite an arbitration clause making arbitration mandatory. The Court concluded that
there is an invested public interest with class action suits thus a court could not reject a class action suit
based on the argument that the parties are subject to arbitration (Walther, 2015).
References
Mueller-Garcia, C. (2010). Arbitration (dispute resolution) in Mexico. Retrieved on December 16, 2016 from
http://www.mexicolaw.com/LawInfo01.htm
Walther, J. H. (2015). Mexicos High Court: Mandatory Arbitration Clause Does Not Apply to Consumer Class Action.
International Law News, 44(4), 24-25.
G Cox
Write Up 2
Brief History and Background of the Arbitration Process in China
The Arbitration Act of the People’s Republic of China was the first arbitration act in the history of the PRC. The Act
was enacted on August 31, 1994, by the National People’s Congress and the legislative body of the PRC. The Act
went into effect on September 1, 1995. Consequently, the arbitration process in China is a two-pronged domestic and
international arbitration. The difference between them is that the international arbitration involves the foreign elements
(Liu, & Lourie,1994).
The Process of Arbitration in China
Arbitration in China is a fast-growing industry and is known as China International Economic and Trade Arbitration
Commission (CIETAC). Procedural steps of arbitration in China is the application of the claimant signed by the
Claimant, appropriate documentary evidence in support of the claim, arbitration fee calculated according to the
CIETAC Arbitration Fee Schedule, a Power of Attorney will be appointed if a lawyer or representative is appointed by
the Claimant and appointment of arbitrators. After changing pleadings and selecting arbitrators, CIETAC will schedule
a hearing date. Either party has 30 days from receipt of the award to request in writing an additional award (Tao,
n.d.).
Is the Process Better than the Process Used in the United States? Why or why not?
I would not say that the arbitration process in China is better than the US. China’s arbitration process is handled quite
differently from the litigation process with which U.S. businesses may be familiar. However, China’s arbitration
process is reasonable and is less controversial, the US arbitration process is strict, and there are more steps to the
process compared to China’s procedure (Holley, Jennings, & Wolters, 2012).
Recent Developments Regarding the Laws Concerning the Arbitration Process
In October 2014, an innovative cross-border Med-Arb service was introduced by the Hong Kong Mediation Centre
and the Shenzhen Court of International Arbitration. Under this mechanism, when parties reach an agreement
through mediation, the SCIA and SAC will issue a consent award to record the mediated settlement agreement, If the
mediation fails, parties can proceed with arbitral proceedings. Hong Kong or international companies with businesses
in China can benefit from such a mechanism, given the availability of a more feasible and effective enforcement
method (Ali, 2016).
How could the process be improved?
The process could be improved by developing support for border conflicts and to enhance the implementation and
development of disputes settlement in China.
Examples of Cases Settled by Arbitration
An example of a case settled by the arbitration process is China vs. the Philippines. This arbitration process consist
of the role of historical rights over the South China Sea and the legality of specific actions by China that were claimed
by the Philippines to violate the law. China felt that they owned the South China Sea, while the Philippines disagrees
(Yee, 2014).
References
Ali, S. F. (2016). The legal framework for Med-Arb developments in China: Recent cases, institutional rules and
opportunities. Dispute Resolution International, 10(2), 119.
Holley, W. H., Jennings, K. M., & Wolters, R. S. (2012). The labor relations process (10th Ed.). Mason, OH: SouthWestern.
Li, H. (2003). An introduction to commercial arbitration in China. Dispute Resolution Journal, 58(2), 78-85.
Liu, G., & Lourie, A. (1994). International commercial arbitration in China: History, new developments, and current
practice. J. Marshall L. Rev., 28, 539.
Tao, H. (n.d.). Arbitration procedures and practice in China: overview. Retrieved December 16, 2016, from
http://us.practicallaw.com/3-520-0163
Yee, S. (2014). The South China Sea arbitration (The Philippines v. China): Potential jurisdictional obstacles or
objections. Chinese Journal of International Law, 13(4), 663-739.

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