Abstract

This article introduces several innovative features of the China International Commercial Court, including a composition of only senior judges, the International Commercial Expert Committee, first-instance-as-final jurisdiction, a ‘one-stop’ dispute resolution platform, flexibility in finding foreign laws, and the use of cutting-edge information technology.

Introduction

Thank you, Professor Wang Jiangyu, for inviting me to this conference and thanks to all of the participants for the brilliant insights shared so far. Since I came to Singapore to attend the Alternative Dispute Resolution Conference in 2012, the technological development has grown more and more international. As widely acknowledged, the Singapore experience in this regard is at the forefront of the world. The China International Commercial Court (CICC) has learned much from Singapore. Today, I am glad to share with you the background, development, and innovative practices of the CICC and some of my insights. The global background of the CICC Influenced by the combined effect of globalization, the divergence of economic systems, and the increase in the number of international commercial disputes, the need to provide high-quality and diversified dispute resolution mechanisms has gained great importance and become a measure of a country’s competitiveness in the global arena. In addition to traditional international commercial litigation, more and more countries have set up specialized international commercial courts to effectively resolve commercial disputes, and such an initiative has increasingly become a crucial way of participating in and promoting globalization. In 2013, President Xi proposed the Belt and Road Initiative (BRI). The BRI has brought about many positive outcomes, including the in-depth development of economic globalization, the deepening of reform and opening up in China, the promotion of the construction of infrastructure along the Belt and Road, and the greater integration of economic relations between China and other countries. At the same time, the need for the resolution of international commercial disputes has also increased. Therefore, it is necessary to establish a fair, efficient, convenient, and low-cost international commercial dispute settlement mechanism in order to create a stable, transparent, rule-of-law-based international business environment in support of the BRI. Such was the background for the creation of the CICC.

Innovations of the CICC

The first two CICCs were established on 29 June 2018, with the first being the Shenzhen CICC and the second being the Xi’an CICC. In the past year, the CICCs have done much impressive work. First, the Supreme People’s Court (SPC) of China selected and appointed 14 senior judges to the CICC. All of these judges have extensive experience in international commercial disputes, years of international training, and practice in relevant fields such as international trade and investment, including Judge Sun Xiangzhuang, who is present at the conference today. The CICC, so far, has accepted 13 international commercial cases involving a number of States and commercial parties. On 29 May 2019, the case of Ruoychai International Group Co, Ltd v Red Bull Vitamin Drink Co, Ltd and InterBiopharm Holding Limited was the first case accepted and heard by the CICC①. The hearing was broadcast online and received wide attention from the international community. At present, five cases have been heard and concluded by the CICC. The CICC has also established a bilingual website in Chinese and English.

Second, an International Commercial Expert Committee was established to play a think-tank role in solving international commercial disputes. In the Chinese legal system, Chinese courts cannot hire foreign judges. In order to reflect the international features of the CICC, we have established the International Commercial Expert Committee and hired 31 experts from 14 countries. Zhou Qiang, the chief justice of the People’s Republic of China and the president of the SPC, issued letters of apportionment to members of the expert committee, including Anselmo Reyes, who is also an international judge of the Singapore International Commercial Court and Shan Wenhua, who is present with us today. The members of the International Commercial Expert Committee come from different legal systems and possess considerable proficiency in handling international disputes involving international law and domestic law—in particular, investment and trade laws.

The duties of the expert committee members include the following：

l  preside over mediations of international commercial cases;

l  provide advisory opinions on specialized legal issues concerning international treaties, international commercial rules, and finding and applying foreign laws involved in cases;

l  provide advice and suggestions on the formulation of judicial interpretations and judicial policies of the SPC; and

l  provide advice and suggestions on the development of the CICC.②

Third, the CICC adopted a series of innovative practices in its jurisdiction over international commercial cases. With regard to the trial system, the judgment of first instance issued by the CICC is final, in order to effectively save time and cost for the parties. Furthermore, the jurisdiction of the CICC over the disputes can be conferred either by agreement of parties or by discretion of the CICC, thereby fully respecting and guaranteeing party autonomy. No mandatory notarization is required for evidence used in litigation under the CICC. Evidential materials can be submitted in English, and Chinese translation is not compulsory with the consent of parties, in order to allow parties the greatest extent of flexibility in their litigation. Minority opinion of the judges can be stated in the judgment as well. This year, the CICC established the Coordination and Guidance Office, which I currently head, to be responsible for the case management and administrative matters of the two CICCs as well as for administrative matters related to the Expert Committee.

Fourth, a ‘one-stop’ international commercial dispute resolution platform in the form of the CICCs has been set up. I will highlight some of the salient features of this one-stop platform. The one-stop platform creates an organic connection between mediation and litigation—that is, the CICC may first accept a case and then, with the consent of the parties, entrust the members of the International Commercial Expert Committee or a qualified international commercial mediation institution to mediate the dispute. If parties are able to reach a mediation agreement, the CICC is empowered to issue a conciliation statement or judgement in accordance with the law based on the mediation agreement. The one-stop platform also allows the CICC to lend support to other international commercial arbitration institutions. Parties may apply to the CICC for a ruling on the preservation of property, evidence, or conduct before or after the arbitration commences. Where a party makes an application to the CICC to set aside or enforce an arbitral award, the CICC shall review the application. At present, seven qualified mediation agencies and arbitration institutions have been selected to come under this one-stop platform, such as the China International Economic Trade Arbitration Commission, the Shenzhen Court of International Arbitration, Beijing International Arbitration Center(Beijing Arbitration Commission), and so on. This platform is open to and welcomes more arbitration institutions and mediation agencies to join.

Fifth, in regard to the ascertainment of foreign laws, in addition to the five ways stipulated in the 1988 Judicial Interpretation,③ such ascertainment can also be made by institutions providing law ascertainment services and members of the International Commercial Expert Committee. Other reasonable ways areal so accepted—for example, through the Internet—in order to ensure convenience and expeditiousness of the process.

Sixth is the use of information technology. The CICC strives to create a userfriendly experience in an ‘intelligent court’. As mentioned above, the CICC has set up its own bilingual website. An electronic litigation service platform has been set up to support online case registration, litigation, preparation, exchange of evidence, and other services.

Thoughts and suggestions

The world today is witnessing an increasing volume of transnational trade and ever-more rapid developments. In such a course of economic globalization, legal issues and commercial disputes have arisen one after another. The deep integration between national interests and the growth of private corporations has sharply placed the spotlight on international commercial dispute settlement mechanisms. In this regard, I have a few thoughts to share. First, it is recommended that the international community should stick to multilateralism and promote the diversified development of international commercial dispute settlement mechanisms. On 7 August 2019, the Singapore Mediation Convention was open for signatories.④ With the help of the Singapore Convention, the NewYork Convention,⑤ and the Hague Convention on the Choice of Court,⑥ the international community will establish an international civil and commercial dispute resolution mechanism consisting of litigation, arbitration, and mediation. However, further studies and consultations need to be held with regard to countries’ ratification of the Singapore Mediation Convention and its integration into domestic laws.

Second, it is suggested to expand the scale of the Expert Committee and to strengthen international judicial exchange and cooperation. We have been studying how to make full use of the Expert Committee and to expand its scope. For example, the SPC will set up a think-tank of legal experts from BRI countries; we warmly welcome experts and judges from Singapore to join.

Third is the establishment of a foreign law database and foreign law ascertainment platform. At present, the CICC is cooperating with relevant departments to study how to establish a legal database of international treaties, as well as the laws of BRI countries, in order to strengthen information management and make full use of big data analysis to provide more convenient dispute resolution.

In conclusion, Chief Justice of China Zhou Qiang has stated that China and Singapore are the natural partners to build the BRI. We should carry out more exchange and cooperation in the future, learn more from each other, and work together to promote deep judicial cooperation, mutual benefits, and a win-win situation. Lastly, I sincerely welcome all of you to come to China. Thank you very much!

This article is a transcript of the speech delivered by Judge Long Fei at the Dispute Settlement in the Belt and Road Initiative Conference held at National University of Singapore Faculty of Law on 14–15 November 2019. The author would like to thank Xia Mian and Shao Yiguo for editing the article.

Annotation：

①    An announcement of the hearing of this case is available on the CICC website <http://cicc.court.gov.cn/html/1/219/208/210/1231.html>.

②    China, Supreme People’s Court, The Decision on the Establishment of International Commercial Expert Committee of the Supreme People’s Court (24 August 2018) <http://cicc.court.gov.cn/html/ 1/219/235/243/index.html>.

③    China, Supreme People’s Court, Opinions on the Implementation of the General Principles of the Civil Law of the People’s Republic of China (Trial) 《关于贯彻执行<中华人民共和国民法通则>若干问 题的意见(试行)》 (2 April 1988) art 193 <http://www.npc.gov.cn/zgrdw/huiyi/lfzt/swmsgxflsyf/201008/18/content_1588353.htm> provides that ‘[f]or foreign laws that should be applied, the ascertainment of such foreign laws can be provided by 1) the parties, 2) the central authority of the contracting State with whom the PRC has entered into a Judicial Assistance Agreement, 3)the Chinese Embassy in the State whose law is being ascertained, 4) the Embassy of the State whose law is being ascertained in China or 5) Chinese or foreign legal experts’.

④    United Nations Convention on International Settlement Agreements Resulting from Mediation, Singapore (7 August 2019).

⑤    Convention on the Recognition and Enforcement of Foreign Arbitral Awards 7 ILM 1046 1958.

⑥    Convention on Choice of Court Agreements (30 June 2005).

*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.