Jointly creating a good legal environment to promote high-quality resolution of international commercial disputes
2023-10-27
We know each other far and near, and thousands of miles are still neighbors. On October 26th, the Supreme People's Court held the International Forum on Judicial Cooperation on the Maritime Silk Road (Quanzhou) in Quanzhou City, Fujian Province, the starting point of the Maritime Silk Road. The forum aims to deepen judicial exchanges and cooperation with countries co constructing the Maritime Silk Road, reduce legal conflicts and judicial obstacles, better resolve disputes, combat crime, and promote countries to create a stable, fair, transparent, and predictable legal environment. During the forum's thematic discussion, participating countries focused on the theme of "Innovative Development of International Commercial Dispute Resolution Mechanisms", shared their experiences in judicial practice, and conducted in-depth discussions on topics of common concern. Diversified resolution of disputes through joint discussions, international economic cooperation, development of connectivity, and cross-border investment and trade cannot be separated from the protection of the rule of law, let alone the mechanism for resolving international commercial disputes. The Supreme Court has established the First and Second International Commercial Courts of the Supreme People's Court in Shenzhen and Xi'an, established an International Commercial Expert Committee, and established a 'one-stop' diversified international commercial dispute resolution platform that organically connects litigation, arbitration, and mediation The Supreme Court attaches great importance to the organic connection and effective cooperation of diversified dispute resolution mechanisms. Over the past five years, the Supreme Court has hired 61 international commercial expert commissioners from 24 countries in three batches, selected 10 international commercial arbitration institutions and two international commercial mediation institutions in two batches, and jointly built a 'one-stop' international commercial dispute resolution mechanism with the China International Commercial Court, which organically connects litigation, mediation, and arbitration, fully ensuring the full protection of The right of both domestic and foreign parties to choose the subject and method of dispute resolution The attending Chinese justices shared their experience in deepening the construction of the International Commercial Court, the International Commercial Expert Committee, and the "one-stop" diversified resolution mechanism for international commercial disputes, as well as their innovative achievements in optimizing the business environment and promoting trade and investment liberalization and facilitation. Diversified dispute resolution is not only the latest trend in China, but also the development of international commercial dispute resolution mechanisms worldwide. In Samoa, the main avenues for international dispute resolution are consultation and litigation. A more effective approach is for the Samoan courts to prioritize alternative dispute resolution (ADR) over trial proceedings. This involves court guided mediation conducted by court appointed mediators and judicial resolution meetings presided over by judges, "said Vii Clarence Nelson, Senior Justice of the Supreme Court of the Independent State of Samoa. In the view of Justice Yi Gusti Agang Sumanash of the Supreme Court of the Republic of Indonesia, with the deepening of economic globalization and regionalization, countries need to continue to develop their commercial dispute resolution methods. This is not only to protect national interests, but also to establish public credibility and provide confidence in commercial transactions, thereby stimulating innovation and investment from all parties. In the special speech on jointly building innovative cooperation models, representatives introduced the judicial practice of innovative cooperation models that countries uphold the concept of openness, inclusiveness, mutual learning and win-win cooperation around international commercial dispute resolution. Level 2 of the People's Republic of China
Edit:Wang Chen Responsible editor:Jia Jia
Source:legaldaily.com
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