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 Three Cross-border judicial cooperation in commercial courts: international agreements and judicial practice would be posted on the CICC’s website.

International Commercial Court Cooperation and Legal Assistance Treaty Practices

LIU Jingdong

Director of the International Economic Law Department of the International Law Institute at Chinese Academy of Social Sciences

Vice President of the WTO Law Research Society of the China Law Society

Honorable judges of the Supreme People’s Court and fellow expert members:

I am very glad to be invited to participate in the 2024 Seminar of the International Commercial Expert Committee of the Supreme People’s Court, which is the first expert seminar held offline after the Pandemic, and has received great attention from the domestic and international legal communities because of its great significance. Now, I would like to share some personal views on International Commercial Court Cooperation and Legal Assistance Treaty Practices, and I look forward to in-depth discussions with colleagues on this important topic.

In 2018, China’s Supreme People’s Court established the China International Commercial Court, creating a brand-new situation in China’s foreign-related civil and commercial trials, and opening a new chapter in the development of China’s legal history in the new century. In the past six years since its establishment, China International Commercial Court has concluded many complex and difficult foreign-related civil and commercial cases, and some of its judgments have become typical examples in the field of international civil and commercial justice, which have been widely acclaimed by domestic and foreign legal circles. These cases are of great precedent value in enhancing the overall level of China’s foreign-related civil and commercial trials, as well as the international credibility and enforcement of the New York Convention and other relevant international civil and commercial conventions.

Practice has shown that China International Commercial Court, with the objectives of fairness, impartiality, efficiency and convenience, have improved China’s existing foreign-related civil and commercial trial system, drawn on the existing international civil and commercial dispute resolution mechanisms and the successful experience of international commercial courts established by other countries. China International Commercial Court meets the characteristics and practical needs of China’s “Belt and Road” initiatives, and fully demonstrates the contemporary style of China’s foreign-related justice.

China International Commercial Court has embodied the feature of internationality, particularly in terms of the international scope of the cases, the international nature of the applicable laws, and the international nature of the institution’s composition. The applicable laws include internationally recognized rules of international law, such as the rules of international trade, investment and finance, the rules of international commerce and maritime, as well as the general legal principles of international law and international practices, and also the domestic laws chosen by the parties and the rules of the United Nations Model Law. The Expert Committee of China International Commercial Court has broad international representation, and its members have a high level of theoretical expertise in civil and commercial law, international trade and investment law, as well as a wealth of practical legal experience.

In recent years, China International Commercial Court has been promoting cooperation with international commercial courts of other countries and regions, exchanging judicial experience, learning from each other’s advantages and features, jointly promoting the development of international commercial dispute resolution mechanisms, and striving to contribute to the creation of a fair and free international business environment in a chaotic world. According to statistics, China has signed bilateral treaties on judicial assistance with 86 countries, some of the treaties including judicial assistance in civil and commercial matters. In the meantime, China has also acceded to nearly 30 international conventions containing judicial assistance in civil and commercial matters, including the New York Convention, the Hague Convention on Service of Process, and the Hague Convention on the Taking of Evidence. On average, Chinese courts carry out more than 3,000 cases of judicial assistance in civil and commercial matters each year, accumulating valuable experience in optimizing international judicial assistance in civil and commercial matters. In the future, China International Commercial Court should more actively promote judicial assistance in civil and commercial matters between Chinese courts and courts of other countries, take concrete measures to better implement the agreements on judicial assistance in civil and commercial matters, promote the recognition and enforcement of court judgments and arbitral awards between China and other countries, and to this end, carry out active and effective cooperation to promote the international mobility of international judgments, arbitral awards and commercial conciliations.

The establishment and successful operation of China International Commercial Court is a major judicial reform initiative taken by the Supreme People’s Court, which is also the best practice of China’s foreign-related commercial trial system in keeping pace with the high standard of international economic and trade rules, and is an important sign for China’s promotion of a high level of opening up to the outside world and the realization of a Chinese-style modernization process.

We have reason to believe that China International Commercial Court will become a transnational civil and commercial dispute resolution institution with wide influence and great appeal in the international arena, and will make an important and unique contribution to the judicial civilization and progress, as well as to the establishment of a community with a shared future for mankind.

*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.