By Priscilla Leung
The signing ceremony of the Convention on the Establishment of The International Organization for Mediation (IOMed) was held today (May 30) in Hong Kong, with Chinese Foreign Minister Wang Yi attending in person alongside representatives from dozens of countries and international organizations, witnessing this groundbreaking historical moment. At a time when unilateralism and hegemonic bullying run rampant, the timely establishment and operation of the IOMed carries profound significance for promoting global peace and development.
Traditionally, international disputes have primarily relied on the International Court of Justice and the Permanent Court of Arbitration for resolution. While litigation carries authority and formality, its complex procedures and public nature often fail to accommodate the flexibility and privacy that parties highly value in international commercial activities. Arbitration does address some of these concerns, particularly offering advantages in confidentiality and neutrality. However, even arbitration can become adversarial, incurring high costs and time pressures. More importantly, both methods lack the space for negotiated solutions between parties.
The IOMed, with strong support from over 60 countries and 20 international organizations (including the United Nations), responds to the urgent global need for effective, flexible and peaceful dispute resolution mechanisms in today's diverse economic systems. It provides an innovative alternative for addressing the highly complex economic and legal environments across regions.
After three years of effort, I am gratified to see that the principles advocated by the International Mediation Institute have gained widespread international recognition. The essence of mediation lies in its voluntary and confidential nature, facilitated by impartial and highly qualified third-party mediators who assist parties in reaching mutually acceptable solutions in a harmonious atmosphere. This approach often helps maintain long-term business relationships. Unlike litigation or arbitration, mediation gives parties greater autonomy to jointly shape outcomes through faster, more cost-effective procedures that meet the practical needs for flexibility, cost control and relationship preservation in large-scale regional cooperation.
Advancing Global Peace and Development
For the past fifteen years, I have actively promoted Alternative Dispute Resolution (ADR) mechanisms in the Legislative Council, legal profession and at international levels. Since 2013, working with over 50 international trade and dispute resolution experts, we have pushed forward the dispute resolution framework for the Belt and Road Initiative (BRI). Experts worldwide firmly believe mediation can effectively resolve interstate conflicts across diverse cultures, religions, legal systems and economic contexts.
Since 2015, we have jointly proposed establishing model agreements and ADR mechanisms for BRI countries. This initiative has received unanimous endorsement from experts in 50 countries, with the mediation rules and cross-border commercial agreement templates officially unveiled in Hong Kong in October 2016 and October 2023. To date, 33 countries have translated these into local languages. The widespread adoption stems from the rules' proven effectiveness and the high level of trust they command among international experts.
We unanimously agree that resolving international trade disputes should not rely solely on courts and arbitration but must strengthen mediation mechanisms. Mediation should not be confined to domestic disputes but extended to international conflicts. In practice, mediation boasts high success rates globally, with widespread user satisfaction, primarily because it effectively reduces tensions, conflicts and risks. Wider adoption of international mediation would significantly contribute to the regional order.
Recognition of HK's Unique Advantages
The selection of Hong Kong as the IOMed's headquarters reflects both the central government's recognition of Hong Kong's strengths in "connecting China with the world" and the rule of law, and fully demonstrates Hong Kong's unique position in global dispute resolution. Hong Kong's legal system, blending common law and civil law traditions, combined with its extensive international networks and bilingual professionals, provides international participants with a neutral, professional and globally attractive platform.
As part of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), we should actively advance legal system development, rules alignment and talent exchange to strongly support the nation's joint navigation in addressing international trade disputes. In April this year, China invited all 193 UN member states to discuss safeguarding fair development in multilateral trade. We must adopt an inclusive, open, win-win and transparent approach to build a community with a shared future for mankind, with the world watching China's actions. This global perspective represents Hong Kong's distinctive role under "one country, two systems."
Strategic Response to Global Turbulence
Amid current international instability, with rising unilateralism and protectionism challenging international rules and threatening multilateral trade systems, the establishment of the International Mediation Institute assigns Hong Kong a significant role. China's wisdom in proposing international mediation responds to the urgent global need for peaceful development, setting an example for maintaining international order and promoting win-win cooperation. The Institute can complement other international mechanisms like WTO rules while filling gaps in resolving new types of disputes, including international commercial conflicts, cross-border e-commerce and investment issues - truly meeting the needs of our times.
The International Mediation Institute's establishment enhances international trust and cooperation, promotes rules coordination, resource sharing and talent mobility. As an intergovernmental organization based on common conventions, it facilitates deeper cooperation among member states within international legal frameworks, providing rule-of-law safeguards for regional collaboration.
Hong Kong's Historic Opportunity
As the Chief Executive noted, the International Mediation Institute represents a top-tier international organization, equivalent in status to the Hague-based International Court of Justice and Permanent Court of Arbitration. Its mediators are professionals with expertise in international law, trade rules, and diverse national legal systems, cultural backgrounds and international economic experience. The Institute's creation is both a visionary response to contemporary needs and a precious gift from the nation to Hong Kong. In today's volatile international environment, it provides the world with a platform for constructive dialogue. Hong Kong must seize this historic opportunity to help the nation deepen international engagement, promote rule-of-law foundations, cultivate talent reserves, and serve as a vital bridge for regional peace, cooperation and development.
The author is a LegCo Member and a Hong Kong deputy to the National People's Congress.
(English Editor: Darius)
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