Conciliation and Mediation
The best arbitration is the arbitration which does not take place because it can be avoided by prior amicable settlement.
Given this understanding, CEAC closely collaborates with the Beijing-Hamburg Conciliation Centre created in 1987 in order to offer a modern set of alternative dispute resolution processes including arbitration and conciliation / mediation to the international trade and investment community.
Detailed information is provided by the Chamber of Commerce Hamburg.
The CEAC Rules provide for the possibility of conciliation / mediation prior to the initiation of arbitration proceedings or at a very early stage of the proceedings. In fact, Article 1 para 4 of the CEAC Rules provides for the possibility for either party to request the consent of the other party to carry out conciliation proceedings under the rules of the Beijing-Hamburg Conciliation Centre, or any other kind of conciliation/ mediation proceeding, prior to the commencement of CEAC arbitration or within 21 days after receipt of the Notice of Arbitration by Respondent. This makes CEAC explicitly open to any kind of mediation proceedings the parties desire to carry out.
If the Parties agree to such means of settlement, the arbitration proceedings will be interrupted for the duration of the mediation/ conciliation and all deadlines are suspended in the meantime. Parties may even agree to a longer interruption. Only if the conciliation attempt is not successful, the dispute is finally submitted to arbitration under the CEAC Rules.