International Commercial Court Research Articles

Research on Foreign-Related Commercial Dispute Settlement Mechanism of the Belt and Road Initiative

This paper examines the current mechanisms and challenges in resolving foreign-related commercial disputes under the Belt and Road Initiative (BRI). It begins with an overview of the existing dispute resolution mechanisms, including the China International Commercial Court (CICC) and the "One-Stop" platform, highlighting their roles and limitations. The study then explores the differences between domestic and international mediation enforcement systems, the obstacles faced by foreign arbitration institutions entering the Chinese market, and the jurisdictional and functional limitations of the CICC. Drawing lessons from the WTO and the Singapore Convention on Mediation, the paper proposes several improvements: establishing a national-level BRI International Commercial Mediation Center, developing a comprehensive online dispute resolution platform, and enhancing the training and integration of foreign-related legal talents. By implementing these recommendations, the BRI dispute resolution mechanism can become more effective, fair, and internationally credible, thus supporting the smooth progression of the BRI.

Litigation Jurisdiction of China International Commercial Court under the "Belt and Road" Initiative

The China International Commercial Court (CICC) plays a crucial role in the context of the "Belt and Road" initiative, providing a platform for the fair and efficient resolution of international commercial disputes. Despite its strategic importance, the CICC faces significant jurisdictional challenges. These include blurred boundaries of case acceptance, insufficient innovation in distinguishing international cases, overly broad applicability due to exclusionary practices, and inadequate consideration of international investment disputes. This article thoroughly examines these issues and offers comprehensive solutions to enhance the CICC's functionality. Key recommendations include clarifying the CICC's positioning as a one-stop platform integrating mediation, arbitration, and litigation; refining the boundaries of case acceptance through detailed legal provisions and judicial interpretations; strengthening the standards for determining international cases to better reflect the complexity of international commercial activities; and enhancing the mechanisms for resolving international investment disputes. Addressing these challenges will improve the CICC's operational efficiency, bolster its international credibility, and better support the "Belt and Road" initiative.

Effective or symbolic? A retrospective look at the performance of the China International Commercial Court

ABSTRACT In recent years, numerous international commercial courts have been established to align dispute resolution mechanisms with the needs of international commerce. In June 2018, China entered this arena with the creation of the China International Commercial Court (CICC), a court specifically designed to facilitate international commercial dispute resolution and, in particular, solve disputes emerging from the One Belt One Road Initiative (BRI). However, the CICC has been less innovative than other international commercial courts. It has limited jurisdiction and relatively few international and arbitration-like features. Against this background, at the time of its creation, significant questions arose regarding the role the CICC would play within the dispute resolution market. This article considers the performance of the CICC over its first five years and empirically evaluates its performance compared to other commercial courts. An examination of the number of cases and their characteristics reveals that the international appeal of the CICC as a dispute resolution venue has been limited. Nevertheless, this article argues that the CICC can play a role in bolstering the ability of the Chinese legal system to address foreign-related disputes – namely, by producing guiding case law for situations that may come before the lower courts and by providing an institutional model that can be replicated at lower levels of the Chinese court structure.

The Challenges Facing China's International Commercial Court System Under the "Belt and Road" Vision and China's Response

In order to provide all-round judicial guarantee for the high-quality development of the "Belt and Road", China established the China International Commercial Court in 2018 and achieved remarkable results after six years of construction. In recent years, with the increasing number of commercial disputes related to the Belt and Road Initiative, such as international trade, international logistics and international project contracting, the construction of China's international commercial courts is faced with difficulties related to insufficient international vision, backward jurisdiction rules, lack of appeal relief channels, difficulties in cross-border recognition and enforcement of judgments, and inflexible convergence of multiple dispute resolution methods. In view of this, the China International Commercial Court should be based on an international perspective, expand its jurisdiction to improve the jurisdiction rules, implement "two final trials" to reconstruct the appeal relief system, transform "factual reciprocity" to "constructive reciprocity" to ensure the cross-border recognition and enforcement of judgments, and constantly optimize the interface mechanism of litigation, arbitration and mediation has become an important way to solve the problem. It will help build a new situation of international commercial court.

Study on the Dilemma of Identification of Foreign Laws and the Path to its Solution

The establishment of the China International Commercial Court is a product of the era of the construction and development of the the Belt and Road . As exchanges along the routes become closer and closer, China s foreign-related commercial cases are increasing day by day, and in order to deal with the many foreign-related commercial disputes, it is unavoidable to face the problem of identifying and applying foreign laws.In view of the transitional nature of new things, the current system and operation of foreign law identification in China cannot fully meet the needs of reality, and in this context, the foreign law identification system needs to be further explored. This article focuses on the Current Situation and Challenges of Foreign Law Identification System in China s Foreign-related Commercial Cases, and aims at proposing targeted improvement strategies.By analyzing the problems that exist in the practical operation of the current system, such as unclear responsibility for identification, unclear role of expert members, and high costs of the platform, etc., a series of concrete measures are proposed. It then proposes a series of specific measures, including the establishment of a cross-international legal database, the utilization of the expert members means of ascertainment, and the strengthening of social supervision, with a view to promoting the modernization of China s foreign-related commercial legal system and enhancing the efficiency of international commercial dispute resolution, while safeguarding the authority and impartiality of the law.

China International Commercial Court and the New World Order: A Critical Evaluation

China International Commercial Court and the New World Order: A Critical Evaluation

ESTABLISHING AN INTERNATIONAL COMMERCIAL COURT IN SAUDI ARABIA: LESSONS FROM DUBAI AND SINGAPORE

This article discusses the need and the benefits of establishing an international commercial court in Saudi Arabia. Since Saudi Arabia’s legal system has been criticized regarding its openness to international investments, this issue is observed from the perspective of potential investors and business partners interested in doing business in Saudi Arabia. The aim is to determine how setting up a specialized international commercial court will improve the environment for investments and remove legal uncertainties that arise from the lack of such courts. Furthermore, a brief overview of the international rise of commercial courts worldwide will be provided, with comparative examples of the courts in Dubai and Singapore to reveal how those jurisdictions have adapted to the global economy and ensured their positions as regional leaders and investment hubs. The essential procedural rules will be highlighted to provide ideas and directions for Saudi Arabia. Finally, this article will discuss the challenges the Kingdom faces in the race to become the regional investment leader, and then provide some key takeaways. The objective of this article will be to explain how Saudi Arabia will overcome the challenges in establishing an international commercial court that will specialize in the application and interpretation of international commercial regulations, and why the setting up of an international commercial court will have a positive effect on the attraction of foreign investors to do business in the Kingdom. This will be achieved by examining and discussing Dubai and Singapore as comparative legal systems that have already established flexible dispute resolution forums which have been recognized worldwide.

The Jurisdiction of China International Commercial Court: substance, drawbacks, and refinement

The wave of setting up international commercial courts has emerged internationally. Following the trend, China established the China International Commercial Court (CICC) in 2018. The CICC exercises consensual jurisdiction and non-consensual jurisdiction over international commercial disputes, and has jurisdiction to support international commercial arbitration. This article analyses the CICC’s criteria for determining international commercial disputes and the specific requirements for each type of jurisdiction based on the relevant provisions and judicial practice of the CICC. In addition, this article identifies the drawbacks of the CICC’s current jurisdiction system, and provides several suggestions for refinement, including the modification and clarification of the criteria for determining the internationality and commerciality of disputes, the removal of restrictions on jurisdiction agreements, the clarification of substantive standards for case transfer, and the expansion of its jurisdiction to support international commercial arbitration.

International Commercial Courts - the New Movement in Dispute Resolution

Recently, the establishment of international commercial courts in some countries has been creating fruitful changes in the dispute resolution industry. The article provides an overview of dispute resolution mechanisms in international commerce, pointing out that arbitration is the most commonly used mechanism while national courts are the least preferred method. However, both methods have characteristics that need to be improved. On that basis, the author introduces the birth of the international commercial court, approaching the research object from definition, and history and analyzing some salient characteristics by examining some typical international commercial courts that have been founded in Singapore, the United Arab Emirates (Dubai) and the UK (London). For some vital features of the international commercial court, the author analyzes them in comparison with those of arbitration and national courts so that readers may assure of the strengths and weaknesses of these three methods. Finally, after considering the number of caseloads heard in international commercial courts and confirming the potential development of this court model, the author comes to a proposal for Vietnam regarding researching, surveying, and building an international commercial court.

The China International Commercial Court: Establishment and Development in a Global Context

International commercial courts have proliferated in the past 20 years. 1 In 2018, China established specialized international commercial courts in Shenzhen and Xi’an. They are the two branches of the China International Commercial Court (CICC). Since then there has been a proliferation of literature on the CICC. This article provides insights into the recent development of the CICC. The first part of the article explores the background against which the CICC was established. The second part narrates its recent development. The challenges the CICC faces to improve its attractiveness and competitiveness are discussed in the third part and the fourth part considers possible competition between international commercial courts in different jurisdictions. The article closes with a few concluding remarks on the place of the CICC in the global transnational commercial dispute resolution community.

Features of creating the international commercial court as an alternative to the Tashkent international commercial arbitration

Ушбу мақолада Тошкент халқаро тижорат арбитраж марказининг муқобили сифатида хaлқaро тижорaт судини ташкил этишнинг ўзига хос хусусиятлари хорижий тажриба асосида таҳлил қилинган. Мазкур таҳлиллар натижасида Ўзбекистонда хaлқaро тижорaт судини ташкил этиш юзасидан бир қатор таклиф ва тавсиялар баён этилган

International Dispute Resolution of BRI-Related Cases: Changes and Challenges

ABSTRACT Xi Jinping launched the One Belt and One Road Initiative at the end of 2013, known now as the Belt and Road Initiative (BRI). This article aims to outline trends in solving BRI-related disputes with a special focus on China–Africa Joint Arbitration Centres, the China International Commercial Court, and the International Commercial Dispute Prevention and Settlement Organization. This begs the question of whether the newly emerging institutions in China will significantly affect the international dispute resolution landscape. Are those new entities strong and transparent enough to compete with already well-known and recognized international institutions? China takes actions to provide an entire range of services to solve BRI-related cases and proposes an innovative and holistic approach to cross-border disputes stemming from the BRI.

The Rise of the International Commercial Court: A Threat to the Rule of Law?

Abstract Recent years have seen the meteoric rise of the concept of an ‘international commercial court’ in numerous jurisdictions: for example, Dubai established the Dubai International Finance Centre Courts in 2004, Qatar followed suit in 2009 and similar courts have been set up since in Singapore, Kazakhstan, China, Germany, France and the Netherlands. Much work has been done discussing the practicalities of such courts but little thought seems to have been given to the theoretical justification for, and theoretical problems posed by, such courts. In general, such courts are justified on the basis of party autonomy; however, it is not at all clear that party autonomy is the only, or even the main, consideration in international dispute resolution. States also have a clear interest in ensuring that disputes are decided in their jurisdiction to further the development and viability of their own legal system. Other theoretical issues which arise regarding such courts include whether justice is a commodity which can be bought and sold and the potential use of such courts to ‘whitewash’ the serious rule of law concerns that exist in the ordinary courts of certain jurisdictions.

Significance And Challenges For The China International Commercial Court For The Settlement Of Commercial Disputes Under Belt And Road Initiative

Significance And Challenges For The China International Commercial Court For The Settlement Of Commercial Disputes Under Belt And Road Initiative

China International Commercial Court (CICC) in the Context of Commercial Disputes under Belt and Road Initiative: Organizational Structure, Rules and Jurisdiction

China International Commercial Court (CICC) in the Context of Commercial Disputes under Belt and Road Initiative: Organizational Structure, Rules and Jurisdiction

CHINA INTERNATIONAL COMMERCIAL COURT (CICC): INNOVATION AND PRACTICE OF DIVERSIFIED DISPUTE RESOLUTION MECHANISM

The China International Commercial Court (CICC), as a permanent adjudication organ of the Supreme People's Court of China, has built an innovative diversified dispute resolution mechanism on the existing platform. Since its establishment, CICC has been operating steadily and is poised to become a global commercial dispute resolution platform. On this ground, this article suggests that the expert committee mechanism and the information technology application of the «one-stop» platform should be further improved, and the use of diversified dispute resolution should be emphasized to promote the ultimate realization of the results of dispute resolution within the CICC, and ultimately enhancing the credibility and influence of the CICC, so as to build strong brand recognition of the CICC under the momentous changes unseen in a century.

The (in)effectiveness of the decisions Of the world trade organization in the analysis of the negative impacts of the New economic policy for u.s. agriculture

The present research has as its thematic approach, the (in) effectiveness of the decisions of the international commercial court from the recent economic policies for agriculture in the United States in relation to the determinations of the World Trade Organization (WTO) in the litigation on the granting of subsidies to cotton – Upland Cotton. It is the pretension of this research, to delimit the study of the subject in the sense of demonstrating that the United States continued to have negative impacts on the international market, even though they were defeated in the litigation against Brazil in the WTO Dispute Settlement Body. In the litigation of cotton subsidies – Upland Cotton, Brazil and the United States enter into controversy regarding the granting of this instrument of economic policy by the U.S. government to an industry in which Brazil has comparative advantages and competitive production, especially in international trade. The WTO ruling on the case has proved that the U.S. economic policy on the use of subsidies, in particular those granted to agriculture, constitute a protectionist practice that interferes negatively with international trade. An interdisciplinary legal analysis from the economic and political point of view is essential in the context of international trade relations that have a profound impact on U.S. trade policy practices.

The Legitimacy and Ethics of International Commercial Court Judges

This Chapter examines the link between the legitimacy of international commercial courts and the ethics of its judges. It starts from the premise that professional ethics are not only a matter of the personal and professional integrity of judges. Instead, the Chapter argues, different functional roles may affect what is considered appropriate for a judge. To demonstrate this argument, the Chapter analyzes the example of ex parte communication between judges and parties or their lawyers, and the cultural differences among legal systems. It concludes by calling on the host States to commit energy and resources to develop separate codes of conduct for the international commercial courts that they have created.

Relational analysis of the international commercial court and international arbitration to improve the legal environment for resolving international business disputes

Business is becoming more and more globalised, resulting in increased competitiveness, which drives down prices and provides a greater variety of choice for consumers. However, there are also challenges presented by the globalisation of businesses and international commercial courts across the globe exist to navigate these issues. Globalised businesses are subject to the legal judgements of the country in which they are based, as well as the legal judgements of the countries in which they operate. Therefore, the presence of international commercial courts is crucial for promoting the use of international arbitration and international alternative dispute resolutions (ADR), in which disputes are resolved outside of court. Professor Akira Saito, Graduate School of Law, Kobe University, Japan, is exploring the relationship between international commercial courts and international arbitration with the goal of improving the legal environment in different countries and resolving international business disputes. Discussions with his mentor, Professor Oliver Williamson, University of California, led Saito to this project, which is an interdisciplinary study of law that is seeking to develop the next generation of lawyers and business people with a well-rounded perspective of the legal system and the ability to utilise it in a manner that helps develop business activities.

The China International Commercial Court: towards an integrated dispute resolution system

ABSTRACT The recent proliferation of international commercial courts has become a distinct phenomenon in the landscape of international dispute resolution. While the newer international commercial courts have followed the earlier ones and exhibited features of ‘specialisation’ and ‘internationalisation’, some have gone further to develop a new feature of ‘integration’ by incorporating elements of other methods of dispute resolution—notably, arbitration—into their design and operations. In this regard, the newly established China International Commercial Court (CICC) breaks new ground by creating a ‘one-stop’ and diversified dispute resolution mechanism, which institutionally integrates litigation, arbitration, and mediation into one unified platform. This mechanism is guided by the idea of ‘diversified dispute resolution mechanism’ reform promoted and practiced by the Chinese judicial system; underpinned by institutional arrangements such as the International Commercial Expert Committee (ICEC) and the Coordination and Guidance Office of the CICC; and implemented by procedural designs that deeply integrate international commercial litigation with arbitration and mediation. By conceptualizing the mechanism as an ‘integrated dispute resolution’ (IDR) system, enhancing institutional cooperation and setting up demonstrative IDR centres, the CICC and the ‘one-stop mechanism’ can be further improved to provide an innovative ‘Chinese approach’ to international commercial dispute resolution, for the Belt and Road region and beyond.