“一带一路”商事争议解决中调解的适用及完善

Application and Improvement of Mediation in “the Belt and Road” Commercial Dispute Settlement

短短的五年间'一带一路'倡议取得了不错的成绩。各沿线国家在贸易、投资、知识产权等方面加强了交流,尤其各沿线国家之间的商事交易更加频繁,然而商事交易产生的争议也越来越多,具有'东方特色'的调解机制无疑在争议的解决中扮演着重要的角色。其具有很大的适用可行性,但同时也存在不足之处。为了适应'一带一路'商事争议的特点,需要将具有'东方特色'的调解机制进一步完善,从而更好地促进商事争议的解决,推动'一带一路'倡议的进一步实施。

In the short span of five years,'the Belt and Road'initiative has achieved good results.The countries along the line have strengthened exchanges in trade,investment and intellectual property rights,especially commercial transactions between the countries along the line.Undoubtedly,the system has played an important role in resolving disputes.It has great applicability,but there are also shortcomings.In order to adapt to the characteristics of commercial dispute in'the Belt and Road',it is necessary to further improve the mediation mechanism with the'oriental characteristics'so as for the better promotion of the settlement of commercial disputes,and further implementation of'the Belt and Road'initiative.