Ding Ding:Dedicated to our duties, helping to improve the Diversified resolution mechanism of China’s international commercial disputes
From: CICC Updated: 2023-05-25Ding Ding
Professor, School of Law, University of International Business and Economics
Editors' Note: On 25 May 2023, the Supreme People's Court (SPC) held a seminar on the construction of the "one-stop" diversified international commercial dispute resolution platform of the SPC and development of the Belt and Road demonstration zone for international commercial legal services in the Sixth Circuit Court and the No.2 International Commercial Court of the SPC, Xi'an. The theme of the seminar was "New Era, New Opportunities, New Development". The third batch of newly appointed international commercial expert members attended the seminar. The speech of Professor Ding Ding, representative of the expert members, is hereby published.
It is a great honor to be appointed as an expert member of the International Commercial Expert Committee, and I sincerely thank the Supreme People’s Court for its trust. I will mainly share my understanding of the responsibilities of an expert member from three aspects.
First, the expert member should strengthen his or her awareness of the overall situation and service awareness, and deeply understand the essential epochal significance of foreign-related commercial adjudication work. Foreign-related adjudication is significant to safeguarding national sovereignty, security, and development interests, creating a market-oriented, rule-of-law, and internationalized business environment, and promoting the modernization of the national governance system and governance capabilities. After taking up my duties as an expert committee member, I will set the spirit of the 20th National Congress of the CPC as the direction and basic principles for foreign-related commercial and maritime adjudication; I will earnestly study Xi Jinping Thought on the Rule of Law and deeply understand the requirements for promoting the domestic and foreign-related rule of law; I will also actively participate in the practice of international commercial dispute resolution, integrate theory with practice, and continue to improve professional capabilities in the performance of duties.
Second, when participating in the diversified resolution of international commercial disputes, the expert member should give full play to their advantages, improve the level of accurate application of legal rules in relevant professional fields, equally protect the legal rights and interests of Chinese and foreign parties, and contribute to the continuous improvement of the international credibility and influence of foreign-related justice. “One-stop” commercial dispute resolution is a concrete practice of the high-quality development of high-quality judicial services. The China International Commercial Court (CICC) has formed the basic model of “connecting litigation with arbitration” and “connecting litigation with mediation”, and has built a “one-stop” diversified resolution platform for commercial disputes. As expert members, we can act as mediators or participate in the diversified resolution practice of international commercial disputes in various forms, such as consulting experts. Through actively participating in the mediation, arbitration, and adjudication of foreign-related commercial cases, we as expert members can timely discover and try to properly solve the difficult problems existing in the operation of the “one-stop” dispute resolution mechanism; only through the accumulation of difficult case resolution practices can we provide feasible theoretical suggestions for the continuous optimization of the “one-stop dispute resolution mechanism”, fulfilling the duty of providing advice and suggestions as an expert member of the committee.
Third, as a teacher who has been on the front lines of foreign-related law teaching for a long time, I deeply feel the great importance and social responsibility that the Supreme People’s Court attaches to the training of foreign-related legal talents so that I can participate in the practice of foreign-related commercial dispute resolution as an international commercial expert. “The key to success lies in people.” As an educator, I hope that my job will help to feedback teaching and research with valuable practical knowledge, benefit students and more colleagues, and help us equip students with firm ideals and beliefs, attachment to their homeland, and profound legal foundations, focusing on training students’ problem consciousness and practical ability and exploring new models and new methods for training outstanding legal talents that serve the needs of China’s foreign-related rule of law construction. In the meantime, I also expect the people's courts to select more outstanding young students with international law and foreign-related legal backgrounds to enter the CICC and other foreign-related judicial institutions for internships and select young professionals to enter the foreign-related commercial adjudication team, forming an echelon model for training foreign-related legal talents.
Finally, I would like to thank the Supreme People’s Court again for appointing me as a member of its International Commercial Expert Committee. I will definitely perform my duties conscientiously and make contributions to the development and improvement of China’s diversified resolution mechanism for international commercial disputes.
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*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.