TY - JOUR
T1 - The China International Commercial Court
T2 - towards an integrated dispute resolution system
AU - Shan, Wenhua
AU - Feng, Yunya
N1 - Publisher Copyright:
© 2022 School of Law, City University of Hong Kong.
PY - 2021
Y1 - 2021
N2 - 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.
AB - 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.
KW - Belt and Road Initiative (BRI)
KW - China International Commercial Court (CICC)
KW - integrated dispute resolution (IDR)
KW - international commercial dispute resolution
UR - https://www.scopus.com/pages/publications/85124133010
U2 - 10.1080/10192557.2021.2013661
DO - 10.1080/10192557.2021.2013661
M3 - 文章
AN - SCOPUS:85124133010
SN - 1019-2557
VL - 29
SP - 107
EP - 128
JO - Asia Pacific Law Review
JF - Asia Pacific Law Review
IS - 1
ER -