Settling Disputes through Mediation, Promoting the Establishment of Legal Business Environment, and Serving Reform and Opening-up in the New Era
From: CICC Updated: 2018-11-06--Luo Dongchuan highlighted on the UN Convention on International Settlement Agreements Resulting from Mediation and China’s Opening-up Forum
On 6th November 2018, the UN Convention on International Settlement Agreements Resulting from Mediation (“the Convention”) and China’s Opening-up Forum was held during the China International Import Expo. Luo Dongchuan, Vice President of the Supreme People’s Court of China (“the SPC”) attended and delivered a keynote speech.
First of all, he affirmed the positive role of the Convention in promoting diversified international commercial disputes settlement and promoting international trade, investment and cooperation. He praised the significance of this forum.
Luo introduced that the SPC supports actively the development of mediation, arbitration and other dispute resolution methods to deal with "litigation explosion". The SPC has implemented the Opinion Concerning the Establishment of the "Belt and Road" International Commercial Dispute Resolution Mechanism and Institutions and established the China International Commercial Court and the International Commercial Expert Committee of the SPC. A "one-stop" dispute resolution platform has thereby been formed to provide a convenient, fast, low-cost and diversified dispute resolution mechanism that effectively links mediation and arbitration with litigation.
Luo pointed out that 2018 is the 40th anniversary of China's Reform and Opening-up, and the 5th anniversary of the “Belt and Road” Initiative and the construction of the pilot free trade zones. In this context, expanding and deepening the Opening-up demands better legal protection. The effort of the United Nations Commission on International Trade Law (“UNCITRAL”) in promoting the development of the Convention would contribute to the proper resolution of international commercial disputes and the development of harmonious international economic relations. It is hoped that this important Convention can be integrated successfully into China's diversified dispute resolution system, where the Convention could play its due role in the effective interface between judicial system and mediation, and promote mediation to resolve disputes.
Luo stressed that relevant parties should strengthen the study on the Convention, learn how to improve relevant legislations and establish a corresponding mechanism in the judicial system. He believed that the Convention and the international mediation mechanism will certainly play an important role in China’s legal business environment, serving the Reform and Opening-up in the new era and building a community of a common future for all human being.
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罗东川在《联合国关于调解达成的和解协议公约》 与中国对外开放论坛上强调 推动调解解决纠纷建设法治化营商环境服务新时代改革开放
*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.