International/Cross-Cultural Conflict Management Case Study

There are different initiatives of international / cross-cultural conflict management introduced below, and the author categorized them into commercial and non-commercial. It is mainly because the BRI is primarily perceived as an economic activity. However, this is the arguments of this article that potential conflicts under the BRI should be diversified; all of them are also need to be well managed for implementing the BRI well. The non-commercial examples below not only enrich the understanding on what various conflicts going to be handled, but also reframe the scope on how the conflicts could be managed. It is a reminder that the author has not exhausted all of the possibilities, but intends to reveal typical examples for stimulating new
Apart from the advantages of arbitration, mediation would be a more cost efficient method to resolve any dispute in amicable style. There is no authority to resolve the dispute in the process of meditation, but a professional to facilitate both parties in a dispute to negotiate with each other for a mediated settlement agreement. As the settlement agreement of mediation is a kind of contract, it can only be enforced within a particular jurisdiction. No worldwide arrangement, like New York Convention, has been developed to enforce any mediation agreements across jurisdictions yet. Nonetheless, the China Council for the Promotion of International Trade (CCPIT) / China Chamber of International Commerce (CCOIC) Mediation Center has commenced its cooperation with the mediation bodies in Hong Kong[] and Singapore[] trying to resolve those cross-border disputes arising out the BRI. In the context of European Union (EU), a directive has issued since 2008 to promote the use of mediation and ensure a sound connection between mediation and judicial proceedings across its member states[]. The EU’s initiative is inspiring for the discussion because its coverage is not only commercial disputes but also non-commercial aspects like family
The BRI is internationalizing the employment relationship between China and the countries along the Belt and Road. For example, while the headquarters of the infrastructure construction projects based in China, their delegates and the employees are generally working in other respective countries. If any labour dispute occurs, it will become a cross-border conflict. The individuals should be powerless to resolve their conflict with an international employer, and those international convention and declaration[] related to the right to collective bargaining has not been fully executed around the globe yet. If the BRI is managed to become an international cooperation for mutual gains, this will not only fostering commercial and financial development but also building ‘a community with shared future for mankind’[]. Consequently, the design of conflict management model under the BRI need to facilitate an consensus building in which the sense of reciprocal and shared companion ought to be upheld. Although these ideas are not the core issues of commercial disputes, the experiences of African countries using the concepts of restorative justice to recover their indigenous justice practice and various conflicts within and among the countries illustrated an implication: The features of restorative justice, which include re-establishing sense of justice through renewed value