Abstract
In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China's legal history. The CICC aims to become a dispute resolution “one stop shop” (combining litigation, arbitration, and mediation) for Belt and Road Initiative (BRI) related disputes. Despite its name and ambition, however, the CICC operates more like a domestic court. The CICC's stringent jurisdictional requirements and conservative institutional design show that the CICC cannot serve its stated objective of attracting new investment opportunities or foreign parties to the Chinese forum. These defects are not fatal but will have to be addressed for the CICC to reach its full potential of hybridization of litigation and arbitration both in and beyond China.
Highlights
In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China’s legal history
Articles 2(2), 2(3) and 2(5) of the 2018 Judicial Interpretation on the CICC allow for alternative ways for the CICC to establish jurisdiction, for instance, through referral from higher courts, or at the behest of the Supreme People’s Court (SPC) if the cases have significant national impact
According to Article 3 of the Judicial Interpretation on the CICC, a commercial case is international if it passes the “three-element test” in defining a “foreign element”, that is, either the parties, subject matter, or factual circumstances has a connection with a foreign jurisdiction.[8]
Summary
CONSERVATIVE INNOVATION: THE AMBIGUITIES OF THE CHINA INTERNATIONAL COMMERCIAL COURT. Most studies have focused on the need for, and merits of, the establishment of the CICC, noting that it is “potentially most innovative in providing multiple mechanisms for dispute resolution,” considering its function as a “one-stop shop” dispute resolution platform.[2] While some may see the “one-stop shop” more as a branding exercise, many other international commercial courts have the same type of ambition.[3] Commentators highlight the challenges faced by the CICC in terms of its procedural limitations and general functioning.[4] This essay analyzes whether the creation of the CICC will fulfil the dispute resolution functions required for the successful operation of the BRI by focusing on two key challenges it will face: the court’s jurisdiction and the enforceability of its judgments
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