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. Hence, a mediation settlement will only take effect if a settlement agreement is reached voluntarily by the parties, rather than as an immediately enforceable award. [33] Nowadays, the provision of mediation clause is a common and preferred form of dispute resolution in international commercial contract. [34] In the UK, follow-on damages actions concerning infringement on competition law may hear by the Competition Appeal Tribunal (CAT). The benefits of having mediation in antitrust is, first, it can continue the existing business relationship between the parties; second, parties are usually enter into a settlement agreement via mediation; third, the privacy and confidentiality of mediation allows avoidance of adverse publicity; fourth, parties may opt for a combined mode to have med-arb; fifth, it is cost-efficient and the bargaining position of both parties can be enhanced. [35]

Mini-Trial is an abbreviated trial of the dispute which usually before senior management of the parties, hence the management may gain a better estimation of the likely outcomes. [36]

Neutral evaluation is a hybrid process between arbitration and mediation. Parties to a dispute will voluntarily sit down with an individual third party, for instance, a retired judge, and present their case to the neutral as they would do in an arbitration. After the presentation, an advisory decision will be made by the neutral which is a prediction of the outcome the individual would expect a judge to render according to the presented evidence and arguments by the parties. [37]

To conclude, nowadays, arbitration and other forms of dispute resolution are firmly established themselves to be a tool-kit of the competition lawyer. [38]

The Diverse Systems of Law Closely Connected with the International Arbitrations

The Seat of Arbitration

Each arbitrations has a seat which is it juridical place. The local arbitration law of the seat will not only apply to the arbitration but the award will be deemed to be given at the seat. The judicial control of arbitration at the seat is applicable to the arbitration. Indeed, the seat is jointly decided by the parties by way of agreement, by the tribunal itself, or by the person who can decide on the arbitral tribunal appointment. [39] The seat gives the legal focal point of the arbitration even it is unnecessary to make the case hearing happen at the seat. Quite the contrary, arbitration has necessity to carry out in another place occasionally. The Hong Kong Arbitration Ordinance does not require there must be a connection between the seat and the venue of the arbitration. However, the idea of delocalized arbitrations without seat has no recognition in HK which draws certain discussion in international arbitration writings. [40]

The Disparity between Domestic and International Arbitration

Assuming both parties to arbitration are incorporated in or residents in the Hong Kong, then it would be a domestic arbitration unless both parties agreed it shall be treated as international. [41] Pursuant to the Model Law, another two situations of arbitration would be found as international are, first, when one of the parties’ place of business is in different states; and second when the substantial part of contract is performed non-domestically. [42]

In a Hong Kong domestic arbitration, the parties can only withdraw from t