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AN EDUCATED GENTLEMAN CANNOT BUT BE RESOLUTE AND BROAD-MINDED, FOR HE HAS TAKEN UP A HEAVY RESPONSIBILITY AND A LONG COURSE

From: CICC HUANG Jin Updated: 2018-08-26

AN EDUCATED GENTLEMAN CANNOT BUT BE RESOLUTE AND BROAD-MINDED, FOR HE HAS TAKEN UP A HEAVY RESPONSIBILITY AND A LONG COURSE

Speech at the Opening Ceremony and the First Seminar of the International Commercial Expert Committee of the Supreme People's Court of China

26 August 2018

Distinguished President ZHOU Qiang,

Dear Leaders and colleagues:

Summer is gone and autumn has come with clear sky and fresh air. Today, we are here to solemnly hold the opening ceremony and the first seminar of the International Commercial Expert Committee (ICEC) of the Supreme People's Court of China. It is really a privilege and honor to be one of the first experts appointed to the ICEC. First of all, I would like to take this opportunity to extend my warm congratulations on the establishment of the ICEC and express heartfelt thanks to the Supreme People's Court for its trust in appointing us as the experts! I would also like to extend my best wishes to the First and the Second International Commercial Court of the Supreme People's Court and the forthcoming ICEC!

Today’s world is not peaceful. We are facing prominent issues of instability and uncertainty. The momentum of global economic growth is insufficient, and the gap of wealth becomes increasingly serious. Regional hotspot issues have arisen one after another, and non-traditional threats to security such as terrorism, cybersecurity, major communicable diseases and climate change continue to spread. In particular, unilateralism, populism and protectionism have resurfaced, which impose a tremendous impact on the existing international order. The world is undergoing great developments, changes and adjustments, and human beings are facing a number of challenges. However, I always see a world of hope, though there are still lots of challenges. Peace and development remain the theme of the times. To Build a great modern socialist country and realize the Chinese Dream of national rejuvenation cannot be achieved without a peaceful global environment and stable international order. China must stay committed to pursuing peaceful development and building a community with a shared future for humanity. Undeniably, it is inevitable for China to encounter various problems, including tensions, conflicts, disagreements and disputes when we engage in international exchanges, especially in the process of pursuing the Belt and Road Initiatives. Those problems can be solved peacefully or non-peacefully. Peaceful solutions are mainly political solutions (including discussion, negotiation, and conciliation etc.) and legal solutions (including mediation, arbitration, and litigation etc.). In accordance with the Charter of the United Nations and the generally accepted principles of international law, all countries should seek peaceful solutions to international disputes, and are forbidden to use or threat to use of force. Only in the case of self-defense or under the collective security mechanism of the United Nations can a country use force and adopt non-peaceful solutions to international disputes. Therefore, to make good use of the rule of law thinking and lawful solutions, which especially emphasise judicial functions and measures, is an inevitable choice for China to deal with problems, tensions, conflicts, disagreements and disputes in the international exchanges, so as to persist in opening up to the outside world and follow the path of peaceful development. The Supreme People's Court has been implementing earnestly the central government’s the Opinion Concerning the establishment of the “Belt and Road” International Commercial Dispute Resolution Mechanism and Institutions by establishing the China International Commercial Court, the ICEC and the international commercial dispute settlement mechanism, which consists of litigation, mediation and arbitration. These are measures of great reform and innovation planned from a strategic perspective of seeking a holistic approach to both the domestic and international landscape, deepening reform and opening-up, persisting in the principle of the international law in respect of peaceful settlement of international disputes, and building a community with a shared future for mankind. It will certainly promote China to be a builder of world peace, contributor to global development and guardian of international order.

In addition, I want to point out that although we have established diversified dispute settlement mechanisms, different mechanisms for dispute resolution are self-contained. Coordination among them is not enough, let alone integrated development and collaborative innovation. In fact, the international commercial dispute settlement mechanism established by the Supreme People's Court integrates diversified dispute resolution of mediation, arbitration and litigation into one platform. In such, it can meet the various needs of different parties for dispute resolution. According to the design, based on parties’ autonomy, the International Commercial Court may appoint members of the ICEC or international commercial mediation institutions to mediate international commercial disputes, so as to give full play to the role of mediation in resolving disputes. The International Commercial Court also supports reputable domestic arbitration institutions to conduct international commercial arbitration in relation to the Belt and Road Initiative. The domestic courts will provide domestic arbitration institutions with judicial supports in respect of preservation of properties and evidences etc. Obviously, it is a diversified dispute resolution mechanism integrating effectively mediation, arbitration and litigation with the international commercial court at its core. It is to lead and support parties concerned to resolve disputes through such mechanism. It is an integrated mechanism for diversified dispute settlement. Its establishment is not only a meaningful exploration of judicial reform, but also a bold innovation of the dispute settlement mechanism.

The ICEC is an important component, a critical operational link and a significant institutional innovation of the international commercial dispute settlement mechanism established by the Supreme People's Court. Members of the Expert Committee are experts and scholars, who come from different jurisdictions, countries and regions, including China and others participating in the Belt and Road Initiative. They are well versed in international trade and investment law and widely recognised to have influence in either judicial or arbitration practice. Such a composition demonstrates professionalism, neutrality, representativeness and internationalisation of the Expert Committee. All members of the ICEC are very clear about their duties, which is to preside mediation under the appointment by the International Commercial Court, to provide advisory opinions on interpretation of international commercial transaction rules and ascertainment and application of foreign laws, and to offer advice and suggestions in respect of amendment of rules and development plans of the International Commercial Court of the Supreme People’s Court, and enactment of judicial interpretations and policies. In this regard, we are honored to undertake this mission. The burden is heavy and the journey long.

I would like to thank the Supreme People's Court for giving us such a stage. As the saying goes, no matter how large the stage is, you will always be an audience if you do not go up onto it; no matter how great the platform is, you are just an outsider if you do not participate in; no matter how capable you are, you cannot succeed without taking action. " One should live with grand ambitions vision for the future." We are determined to follow the work rules and code of conducts of the ICEC, and will remain committed to our mission and continue to forge ahead. In order to live up to the great trust and mission, I think that we can only actively participate in, work hard with skills, and strive with all our heart and might.

To close my speech, I sincerely wish that the ICEC ever grow in strength and a complete success!

Thank you!