Mediation in Macau S.A.R.

Quick Facts

• Legal Framework: Macau launched a new arbitration law (Law no. 19/2019) in effect since 4 May 2020, replacing Decree law no. 29/96/M (internal/domestic arbitration) and Decree law no. 55/98/M (external commercial/inte...
• Cultural Approach: Macau shares a civil law tradition with most Belt and Road Initiative countries, presenting an advantage over Hong Kong's common law system. The Portuguese language is an official language, facilitati...
• Typical Costs: Arbitration costs are determined by institutional rules and fee schedules. The new arbitration law provides framework for cost allocation. Costs are typically shared between parties unless otherwise a...

Mediation Research

Legal Framework

Macau launched a new arbitration law (Law no. 19/2019) in effect since 4 May 2020, replacing Decree law no. 29/96/M (internal/domestic arbitration) and Decree law no. 55/98/M (external commercial/international arbitration) that were in force for over 20 years. As a special administrative region of China, Macau preserves a continental European civil law system with transition into Chinese constitutional and legal framework. The legal system is embedded in mixture of Chinese and Portuguese legal culture.

Court System

Arbitration awards by arbitration tribunals sited outside Macau need to be reviewed and confirmed by the Court of Second Instance. This framework aligns with Macau's international obligations arising from the New York Convention, to which Macau is party. The court system supports arbitration through judicial review and confirmation processes. Further research needed on court-annexed mediation programs.

Mediator Regulations

Professional standards for mediators and arbitrators follow Macau's civil law tradition. The Portuguese legal system has strong influence on legal practices. Mediator and arbitrator qualifications are determined by institutional rules and legal requirements. Further research needed on specific mediator certification processes and regulations.

Cultural Approach

Macau shares a civil law tradition with most Belt and Road Initiative countries, presenting an advantage over Hong Kong's common law system. The Portuguese language is an official language, facilitating role as platform for arbitration between China and Portuguese-speaking countries. Macau law has similarities with Portuguese-speaking countries. Cultural approach reflects Chinese and Portuguese legal heritage.

Typical Costs

Arbitration costs are determined by institutional rules and fee schedules. The new arbitration law provides framework for cost allocation. Costs are typically shared between parties unless otherwise agreed. International arbitration may have different fee structures. Further research needed on specific mediation cost structures.

Sources

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• New York Convention - China (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions