Editor's Note: The Second Seminar of the International Commercial Expert Committee of the Supreme People's Court and Appointment of New Members of the International Commercial Expert Committee was held successfully on December 8, 2020. The theme of this seminar is the Latest Developments of International Commercial Dispute Resolution Mechanism and the Research on Relevant Issues on International Law. The participants, on site or virtually, had discussions on the two topics, the Development of International Commercial Dispute Resolution Mechanism: New Situation and New Challenges and the Research and Application of International Law Related Issues in the Post-Pandemic Era, respectively. The texts of speeches delivered by the participants would be posted on the CICC's website.

Three ideas for the International Commercial Court

Anthony Neoh (Liang Ding Bang)

Good afternoon all! My name is Anthony Neoh, Liang Ding Bang in Chinese! I am very honoured today to join everyone online! I am the second member of my family to have the privilege to serve our country's Highest Court. In 1906, when the first Supreme Court was established in China, my maternal grandfather, Lee Fong, had the honour to serve as one of the first Justices.  In the future, I will carry on this family tradition to serve to the utmost of my ability the present day Supreme Court in the Expert Group of the International Commercial Court.

Covid-19 has inflicted unprecedented and calamitous injury to the human race. Drastic changes will follow this era. Therefore, to meet the challenges of the future, I propose three ideas for your consideration.   

First, let us consider the steps that might be taken to respond to these developments. Covid-19 has already infected over 60 million people and caused the death of over 1.4 million[1]. Apart from creating enormous injury to the human race, this pandemic has proven yet again the interdependence of humanity. It is, therefore, imperative for all to co-operate. So that we may return to normality, the human race must fully realize this interdependence and work hard for the benefit of all. To achieve this, every country and every person must strive to implement the United Nations Charter and the vision it encapsulates.

Although much afflicted by the pandemic, the governments in certain countries have not understood human interdependence and have decided that there is no need for global co-operation.  That is sad! But no matter what, we can set an example by espousing the UN Charter's principles and striving to realize its vision. For our part, I suggest that in the International Commercial Court's judicial work, emphasis could be given to incorporating the principles and provisions in the Conventions sponsored by the various specialized agencies of the United Nations, including in particular the Conventions sponsored by UNCITRAL. In this regard, the latest Convention worthy of attention is the UN Convention for the Enforcement of International Mediation Agreements.

Also, there are 17 Sustainability Goals of the United Nations. They deserve to be emphasized in the judicial work of the International Commercial Court.  Procedural and substantial aspects of the International Commercial's judicial work can be devised to facilitate the achievement of these goals. Our country's efforts to promote the "One Belt One Road" Initiative are directly aligned with the UN's 17 Sustainability Goals. We all have a responsibility to perfect the legal framework for this effort, including the perfection of adjudicatory systems. 

Second, the 14th Five Year Economic Development Plan of our country includes the Greater Bay Project. This Project seeks to combine the strengths of 9 cities (including the Special Administrative Regions of Hong Kong and Macau) and create an Economic Zone with substantive international influence. In the future, finance, trade, investment, transportation, infrastructure, education, medicine, public health, city planning, environmental protection, national security, and legal service will require an appropriate legal and judicial framework. This is an aspect of the Greater Bay Project that the International Commercial Court that can play a crucial role. The HKSAR and the People's Supreme Court have already concluded many mutual judicial assistance agreements, including the service of court documents, mutual recognition and enforcement of judgments and arbitral decisions. However, there has been little contact between the HK Judiciary and the People's Court System's judicial personnel. We must improve on this if we are to implement the vision behind the Greater Bay Project.

Third, Technology will develop beyond our imagination. For example, today's international meeting is conducted through the Internet. This meeting is a harbinger of the future! In the future, much of global communication will be done through the electronic medium. Domestically, more than 90% of daily banking transactions are undertaken electronically through cell phones. Digital currency is about to be issued, and paper currency will soon become obsolete. These developments have emerged from B to C (Business to Consumers) systems and C to G (Consumers to Government) systems on the Internet. These systems have developed amid B to B (Business to Business) systems and B to G (Business to Government) systems. IoT (Internet of things) will connect these systems to make up an online and offline ecology. The International Court's judicial work will have to adapt to this development and create its infrastructure within this developing ecology.  Documents handling in the Court's adjudication procedures will have to transform from the traditional to this new world! We shall need to follow technological developments on the one hand and create solutions on the other so that adjudication can be made efficient and effective in the future!

Technology can certainly help with adjudication work. Although Artificial Intelligence cannot replace judging, it can certainly play a vital subsidiary role. Law and Technology are mutually assisting disciplines. In the future, we need to study how each area can be of assistance between one and the other.

The above three ideas are put forward for the meeting's consider. I hope that these simple ideas can be the catalysts for bringing forth more detailed and constructive recommendations from those attending today's meeting. I thank you for your attention! 

  [1] As of 19 January 2021, globally, the total infections have exceeded 95 million, and deaths have exceeded 2 million.

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*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.