On 11th July 2019, while the Frist International Commercial Court celebrated its first anniversary, the Symposium was held in Shenzhen organized by BCI & BIMC, under the instructions of the First International Commercial Court of the Supreme People's Court of China (the SPCC) and Shenzhen Intermediate People's Court. The Symposium, titled “China International Commercial Court: New Solutions and Development in International Dispute Settlement”, attracted more than 50 participants from the courts, arbitration institutions, leading foreign-oriented enterprises, and law firms. Participants had a keen discussion and provided suggestions on improving the mechanisms for international commercial disputes settlement.
Judge Zhang Yongjian, Deputy Chief Judge of the First Circuit Court of the SPCC and Head of the First International Commercial Court, delivered the keynote speech
"Since the 18th National Congress of the Communist Party of China, China's foreign investment increases progressively each year, with all sectors in domestic society calling for a rule-of-law-based business environment, while on international level, globalization also promotes openness and integration." said Judge Zhang Yongjian, Deputy Chief Judge of the First Circuit Court of the SPCC and Head of the First International Commercial Court. Judge Zhang went on stating that, "Under the influence from both domestic and international society, the China International Commercial Court (CICC) was established, marking the milestone for the adjudication of international commercial disputes by the SPCC". Judge Zhang also noted that since its establishment last year, the CICC strived in setting rules, building various platforms and international exchange, and has yielded great achievements, thus providing a fair, efficient, convenient, and cost-effective new solution in international commercial disputes resolution for parties from China or abroad. Up to June 2019, the First International Commercial Court and the Second International Commercial Court of the Supreme People's Court have heard 11 cases, involving parties from countries such as Italy, Japan and British Virgin Islands, as well as parties from Hong Kong Special Administrative Region.
Judge Xi Xiangyang, Presiding Judge of the First Circuit Court of the SPC and the CICC Judge, delivered the keynote speech
On 2nd July, the 22nd Diplomatic Session of the Hague Conference on Private International Law was concluded in Hague, along with the completion of negotiation on the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As a representative having attended the Hague Conference, Judge Xi Xiangyang introduced the hot issues arising from the Convention, as well as explained some articles in the Convention. According to Judge Xi, at the Hague Conference on Private International Law, many representatives expressed great interest in the CICC. Judge Xi was of the view that in respect of its institutional design, CICC is distinctively featured with its efficiency and "one-stop" solution.
Discussion was keen at the Symposium
During the discussion session, participants in different sectors, including representatives from the courts, i.e, the Intermediate People's Courts of Shenzhen, Guangzhou, Zhuhai and Dongguan, and Shenzhen Qianhai Cooperation Zone People's Court, representatives from arbitration institutions such as China International Economic and Trade Arbitration Commission, Shenzhen Court of International Arbitration, and Hainan Arbitration Commission, as well as lawyers and representatives from foreign-oriented enterprises, all expressed their thoughts on and suggestions for the development of CICC based on their own practical experience. The discussion was mainly concerned with three topics: Adjudication of Foreign-related Cases, Mechanisms for Integrating Litigation, Arbitration and Mediation, and Suggestions on International Commercial Disputes Resolution Mechanism.
Judge Zhang Yongjian and Judge Xi Xiangyang actively interacted with participants
Well begun is half done. The blueprint has been drawn, and now we must forge ahead. In his closing remarks, Judge Zhang Yongjian pointed out that the rule of law would itself be the best business environment. During the reform of international commercial dispute settlement, the CICC not only referred to the experience from international society, but also incorporated Chinese law elements and judicial characteristics. The CICC is now actively improving and perfecting its various regimes, as well as modifying courtrooms and conducting digital upgrades, in order to increase judicial efficiency and to equally safeguard legitimate interests of all parties.
Read the original: 国际商事纠纷解决的新方案与新发展 ——第一国际商事法庭成立一周年座谈会
