On 11th July 2019, while the Frist International Commercial Court celebrated its first anniversary, the Symposium was held in Shenzhen by Benchmark Chambers International pursuant to the instructions of the First International Commercial Court of the Supreme People's Court ("the SPC") and Shenzhen Intermediate People's Court. The Symposium, titled "China International Commercial Court: New Plans and Development on International Dispute Settlement", attracted more than 50 participants from the courts, arbitration institutions, major foreign orientated enterprises, and the legal profession. Participants had a keen discussion and provided suggestions on improving the mechanisms for resolving international commercial disputes.
Judge Zhang Yongjian, Vice-President of the First Circuit Court of the SPC and Head of the First International Commercial Court, delivered the keynote speech
"Since the 18th National Congress of the Communist Party of China, our country's foreign investment escalated each year. Society asked for a law-based business environment, while on international level, globalization also promoted openness and integration," said Judge Zhang Yongjian, Vice-President of the First Circuit Court of the SPC and Head of the First International Commercial Court. "Under the dual influence on both domestic and international levels, the China International Commercial Court (CICC) came into being. This marked the milestone for the handling of international commercial cases by the SPC." Judge Zhang noted that since its establishment last year, the CICC strived in setting rules, building various platforms and international exchange, yielding great achievements, and providing a fair, efficient, convenient, and cost-effective new plan for resolving international commercial disputes to parties from China or abroad. Up to June 2019, the First and Second International Commercial Courts 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, 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 at the Hague Conference, Judge Xi Xiangyang introduced the hot spots and difficulties arising from the Convention, as well as explained some of the Convention's articles. According to Judge Xi, at the Hague Conference on Private International Law, many representatives expressed great interest as to the CICC. Judge Xi was of the view that in respect of its institutional design, efficiency and "one-stop" became CICC's distinctive features.
Discussion was keen at the Symposium
During the discussion session, representatives from the courts including 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 representatives from major foreign orientated enterprises and the legal profession actively participated. Each of them expressed the thoughts and suggestions for the CICC based on their own practical experience, mainly surrounding three themes: "Adjudication of foreign-related cases", "mechanisms of integrating litigation, arbitration and mediation", and "suggestions on mechanisms for resolving international commercial disputes".
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 remark, 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 refers to the experience from international society, but also incorporates Chinese law elements and judicial characteristics. The CICC is now actively improving and perfecting various regimes, as well as modifying courtrooms and conducting informatization upgrades, in order to increase judicial efficiency and to fairly safeguard all parties' legitimate interests.
*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.