International Commercial Arbitration in the Context of the Vigorous Development of International Commercial Mediation: Challenges, Opportunities and Futures
DOI:
https://doi.org/10.53469/ijomsr.2026.09(02).09Keywords:
International commercial arbitration, International commercial mediation, International Organization for Mediation, Diversified dispute resolution, Global economic and trade orderAbstract
The entry into force of the Singapore Convention on Mediation and the establishment of the International Organization for Mediation manifest that international mediation, as an independent dispute resolution method, is flourishing. Against this backdrop, international commercial arbitration faces challenges including intensified competition in the case source market, the loss of its unique advantage in the cross-border enforcement of arbitral awards, as well as impacts on its traditional theories and practices. Yet opportunities coexist with challenges. Arbitration institutions may take this opportunity to transform from specialized bodies into comprehensive dispute resolution centers that provide services including mediation; the eastern experience of combining arbitration and mediation can be deepened and promoted globally, giving rise to more refined hybrid dispute resolution models; arbitral proceedings may draw on the philosophy of mediation and integrate with advanced technologies such as artificial intelligence so as to enhance efficiency and user experience. To help international commercial arbitration adapt to the tide of mediation’s rise, there’s a need to improve the legal and regulatory framework for mediation-arbitration linkage, build an intelligent one-stop dispute resolution platform, as well as cultivate dispute resolvers equipped with adjudicative mindset and conciliation skills. By virtue of these efforts, mediation and arbitration will evolve toward collaborative development amid their competitive coexistence.
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