What are the advantages of ADR?
It is economical. The Department offers the parties the opportunity to participate at no cost. In addition, the disputing parties remain in complete control of the outcome of the dispute. If the parties resolve the dispute through an ADR process, it prevents them from having to endure a lengthy DPOR investigation and/or possible civil litigation.
Moser: With respect to arbitration, you are able to choose your judge. In a court, the case is decided by whoever is assigned by the court. You have the ability to choose someone who will have a better understanding of your dispute, who might be more sympathetic or who has special expertise in an area. Another advantage is that you can generally choose your rules. In a court, you are stuck with the jurisdiction’s procedural rules. In arbitration, you can have a procedure that is agreed on by the parties. These can be institutional rules or procedures tailored for the conduct of the arbitration. For example, in some cases you may want discovery and in others you may not. In ADR, you can choose your own attorney, while in Chinese courts you have to have a Chinese attorney with you. There are a number of advantages that boil down to more flexibility and greater party autonomy. Editor: My impression is that, in the case of arbitrations that take place in China, the choice of the arbitratio
