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

Jiaqi Li
Scientific Journal of Humanities and Social Sciences, (2024), Vol.6, No.7, pp.145-156
Published: July 13, 2024
DOI: 10.54691/6fppc313
PDF: Download Full Text PDF
Abstract

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.

Keywords: The Belt and Road, International Commercial Court, Two cases of final appeal, Constructive reciprocity.
APA Citation: Jiaqi Li (2024). The Challenges Facing China's International Commercial Court System Under the "Belt and Road" Vision and China's Response. Scientific Journal of Humanities and Social Sciences, 6(7), 145-156. https://doi.org/10.54691/6fppc313

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