Editor’s Note: The Fourth Seminar of the International Commercial Expert Committee of the Supreme People’s Court and Reappointment (New appointment) Ceremony of Expert Members was held successfully on September 25, 2024. Over 40 experts from more than 20 countries and regions focused on the theme of the “Collaborative Dialogue, Diverse Integration, Peaceful Development” during the seminar. Extensive and in-depth discussions were held within the framework of four specific issues. The texts of opening ceremony speeches delivered by the members of expert committee would be posted on the CICC’s website.

ADDRESS AT THE FOURTH SEMINAR OF THE INTERNATIONAL COMMERCIAL EXPERT COMMITTEE OF THE SUPREME PEOPLE’S COURT OF CHINA

Sir William Blair

Former Judge in Charge of the Commercial Court of England & Wales

Chairman of the Qatar Financial Center Regulatory Tribunal

Chief Justice Zhang Jun, President of the Supreme People’s Court of the People’s Republic of China, distinguished ministers, judges, colleagues, friends，

It is a pleasure to be back in Beijing at the Supreme People’s Court and I thank you for the gracious invitation.

The International Commercial Expert Committee is an innovative initiative by the SPC which as today’s programme shows, encourages the mutual exchange of views on common issues between experts from different jurisdictions.  I am deeply honoured to have been appointed to a group which brings together such a formidable array of international expertise.

Trade, commerce and finance will always give rise to disputes.  This is normal, and such disputes need mechanisms to resolve them.  International disputes give rise to particular issues such as choice of jurisdiction, choice of law, and enforcement – and more generally, require the development of legal principles which are market-oriented and international, and which keep up with changes in these markets.

In response, over the past two decades, a number of countries have set up international commercial courts to meet these challenges, or improved their existing systems. Most recently, as part of that trend, in July of this year, Germany passed a law to permit individual German states to introduce “commercial courts” and the use of the English language.

So it is an opportune time to confirm the important and growing role that China’s courts have in this process.

The establishment of China’s International Commercial Court in 2018 has been widely and rightly welcomed.

The more recent establishment of 12 local international commercial courts supported and guided by the SPC, as well as the introduction of the “One-Stop” Diversified International Commercial Dispute Resolution Mechanism of the SPC, will help broaden the experience of the judiciary in dealing with these kind of cases.

At the international level, China is a founding member of the Standing International Forum of Commercial Courts set up in London in 2017.  At the 5th Full Meeting in Doha, Qatar, in April of this year, the Chinese delegation made important contributions on developing the relationship between commercial courts, arbitration and mediation, and the necessity for greater transnational judicial cooperation.

Each of these play a vital role in supporting international commerce by ensuring that the disputes that come out of commercial transactions are resolved fairly, efficiently and in a way that accords with core rule of law values and expectations.

Decisions of the courts are at the centre of the development of commercial law.  This is in part because the confidential nature of commercial arbitration means that a arbitral tribunal’s reasoning is often private, but it is mainly because of the authority given to decisions of the courts.

For international commercial users, the SPC’s guidelines are important in providing authoritative indications as to how particular issues will be decided under Chinese law.

Further, the translation of significant commercial law decisions of the courts into English has helped to create confidence because potential users can see the subject matter of the case and reasoned outcomes.

Confidence in China’s judges is demonstrated by the appointment in 2023 of Judge Yongjian Zhang – a member of the ICEC and a former judge of the SPC – as a judge of the Singapore International Commercial Court and the Qatar International Court and Dispute Resolution Centre where I also am a judge.

Confidence is further demonstrated by the growing role of China’s leading arbitration institutions in international arbitration and the emergence of international law firms and the depth of study at Chinese academic institutions.

Led by the SPC, the courts, arbitration and mediation have a mutually supportive role, together providing a sound legal foundation for international commerce.

China’s growing influence in international commercial dispute resolution is the logical result of the fact that it is the largest trading nation in the world.  It will increasingly shape the future.  That future should be characterised by a respect for learning, integrity and commitment.  It will require the acceptance on all sides that the differences between different systems should not stand in the way of finding common ground.

I congratulate the SPC on its continuing achievements in this important field, and express my thanks for the opportunity to make these remarks this morning.

*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.