The global trend has evolved, and alternative dispute resolution (mediation, adjudication and arbitration) is now
preferred over litigation.
The above saying and the idiom shed light on the Chinese mind - set and can explain why mediation is
preferred over litigation in China and the Far East, and why the Western litigious culture is avoided, if possible.
Even if arbitration is
preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.
Not exact matches
We
prefer partnership
over litigation.
Specifically, in a 2014 survey of 357 federal and state judges nationwide, with an average experience of
over 17 years on the bench, almost two - thirds said they would
prefer to know if
litigation funding is being employed in cases before them.
I always
prefer arbitration where
litigation is required, as the parties have more control
over the process and there is less formality.
Lawyers quite reasonably
prefer to have control
over the course of a legal proceeding, but if they cede the bulk of that control to an amateur — specifically, you — with little or no
litigation experience, the fear is that you might blame them in the event that you lose your court case, in effect, holding them responsible for errors of incompetence that were likely due to your own handling of the matter.
The majority ultimately concluded that the newspaper could reasonably have expected Ontario to be a venue Mr. Goldhar might elect to commence
litigation, as it is where he primarily resides and does business, and the other surrounding factors did not sufficiently
prefer Israel
over Ontario to supersede their jurisdiction.
Some individuals
prefer commercial or transactional work
over litigation because it is less conflict - ridden.
The failure of the Commonwealth government to respond to the many calls to increase the funding of NTRBs is not only contrary to the government's own policy of
preferring negotiation
over litigation, it is also contrary to its human rights obligations.