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 speeches delivered by the members of expert committee and distinguished guests during the discussion session on Topic One International Experience and Chinese Practice of International Commercial Courts: Procedural Rules, Case Management, and Building Judicial Credibility Building would be posted on the CICC’s website.

The Development of International Commercial Courts and the China International Commercial Court

Ng Jern-Fei KC

Member of the Asian International Arbitration Centre

7 Bedford Row Barristers’ Chambers in London

The Honourable Chief Justice Zhang Jun, President and Chief Justice of the Supreme People’s Court of the People’s Republic of China

Honourable Judges

Your Excellencies

Friends and Colleagues

Ladies and Gentlemen

Good morning to all of you. I am honoured to have the opportunity of addressing this conference on the development of international commercial courts across the world and on the China International Commercial Court in particular.

The Growth of International Commercial Courts

Over the past two decades, international commercial courts have developed across the world. This includes the Dubai International Financial Centre Courts (2006), the Qatar International Court and Dispute Resolution Centre (2009), the Abu Dhabi Global Market Courts (2013), the Singapore International Commercial Court (“SICC”) (2015), the Astana International Financial Centre Court (2018), the International Chamber of the Paris Commercial Court (2018), the Netherlands Commercial Court (2019), and of course the China International Commercial Court (“CICC”)(2018). There is also the London Commercial Court which is not, strictly speaking, an international commercial court, but functions as one in that a healthy majority of its cases (about 65%) involve overseas litigants.

The rise of international commercial courts reflects the increasingly transnational nature of commerce and trade. In the words of The Hon. James Allsop AC, former Chief Justice of the Federal Court of Australia, “[t]he activity of commerce is international and, so, the character of commercial law for that activity must also be, to a proper degree, international.” In particular, for commerce to grow, there must be some common principles based on which the parties engaged in international trade can operate, which transcend the law of any individual nation and reflect the lex mercatoria of different regions. The Hon. Justice Tan Sri Datuk Nallini Pathmanathan, a judge of the Federal Court of Malaysia, makes this point well: “[T]ransnational commerce requires a more international system of adjudication”.

In recognition of the need to develop international commercial law and promote the harmonisation of laws and practices, the Standing International Forum of Commercial Courts (SIFoCC) was founded in 2017 to facilitate the more systematic development of international commercial courts. To quote The Hon. Chief Justice Sundaresh Menon, Chief Justice of Singapore, such international judicial dialogue and collaboration helps to drive the “meaningful convergence in the commercial laws of jurisdictions around the world” and enhance the development of a “transnational system of commercial justice”.

These shared international legal principles that underpin cross-border business dealings should draw not just from European or US commercial law, but also incorporate the commercial law, trade and customs of other countries, particularly those of Asia and Africa. It would therefore be helpful to examine the practices and procedures of a number of these courts and discuss the ways in which the CICC stands out.

The London Commercial Court

I first turn to the jurisdiction in which I was trained and worked for two decades as a lawyer, i.e. England, and look at the London Commercial Court, which handed down 262 judgments involving 1,220 litigants from 84 nations in the past year. 

The popularity of the London Commercial Court can be attributed to the sophistication of its judges and the well-developed body of English commercial law that provides certainty to parties while retaining the flexibility to adapt to the changing needs of globalisation and trade.

The Singapore International Commercial Court

Turning next to the jurisdiction which I now regard as my principal home jurisdiction, Singapore’s SICC is also a specialist court like the London Commercial Court. Although it is younger, having been established just under 10 years ago, it is gaining popularity as a forum and, together with the Singapore International Arbitration Centre, the Singapore International Mediation Centre and other Singapore legal institutions, the SICC constitutes an essential contributor to Singapore’s growing eminence as a centre for legal excellence. The SICC is part of the Supreme Court of Singapore and hears claims that are “international and commercial in nature”. It boasts a panel of over 20 international judges from both civil law and common law traditions, notably including The Hon. Zhang Yongjian , the former Chief Judge of the Fourth Civil Division of the SPC. These international judges hear cases in the SICC together with Singapore judges, enhancing SICC’s ability to handle complex cross-border commercial disputes. The SICC has issued 194 judgments to date.

The China International Commercial Court

Having briefly examined the London Commercial Court and the SICC, I now turn to the China International Commercial Court. As an international disputes lawyer and arbitrator with experience in handling more than 400 commercial cases over the past 20 years, I can say with some confidence that the CICC stands out among other international commercial courts.

The CICC has several key features that distinguish it from other Chinese courts. Among others, its judges are senior judges who are familiar with international trade and investment practices and can work in both Chinese and English. Minority opinions are allowed, which promotes openness and judicial transparency. Evidence submitted in English need not be translated if parties so agree.

At the same time, the CICC has a commendably international outlook in its development, not least through its “International Commercial Expert Committee”. This Committee comprises both Chinese and foreign jurists and serve as an internationalised legal think-tank, advising the CICC on the application of foreign law and conducting mediation of international commercial disputes that come before the CICC.

The CICC is also unique among the international commercial courts in that it established the “One-Stop” platform, connecting mediation, arbitration and litigation, to provide Chinese and foreign parties with a diverse slate of dispute resolution services for their international commercial disputes. This integrated “one-stop” mechanism showcases the modernisation and international competitiveness of the Chinese legal system.

As an internationalised court with Chinese characteristics, the CICC is ideally suited to handle disputes relating to the Belt and Road Initiative (“BRI”). About 150 countries are members of the BRI, each with their own judicial systems. The CICC is well-placed to protect the rights and interests of both Chinese and foreign parties, while contributing to a stable business environment and the development of law that provides certainty to BRI investors.

With time, I have no doubt that the CICC will continue to innovate and develop cross-border commercial dispute resolution mechanisms with features that are tailored to disputes connected with the Asia-Pacific region. This will further increase China’s standing as an important forum for international commercial disputes globally and bolster the confidence of foreign investors to resolve their disputes in China.

*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.