Editor's Note: The Second Seminar of the International Commercial Expert Committee of the Supreme People's Court and Appointment of New Members of the International Commercial Expert Committee was held successfully on December 8, 2020. The theme of this seminar is the Latest Developments of International Commercial Dispute Resolution Mechanism and the Research on Relevant Issues on International Law. The participants, on site or virtually, had discussions on the two topics, the Development of International Commercial Dispute Resolution Mechanism: New Situation and New Challenges and the Research and Application of International Law Related Issues in the Post-Pandemic Era, respectively. The texts of speech delievered by Professor SI Yuzhuo as the representative of the new committee member is hereby posted on the CICC's website for the public's reference.
Living up to Responsibilities by Contributing Together to the Establishment and Development of International Commercial Dispute Resolution Mechanisms
Former President of Dalian Maritime University
Titulary Member of the Comité Maritime International Professor SI Yuzhuo
Honourable Chief Justice Zhou Qiang of the Supreme People's Court, Distinguished Guests and Colleagues,
It is a great honour for me to be appointed as a member of the International Commercial Experts Committee of the Supreme People's Court. It is with immense appreciation that the 24 new members have received this letter of appointment from Chief Justice Zhou Qiang. We are well aware of the significant, honour and trustof this letter, and the responsibilities and commitments of which represents, as well as aspirations and hopes in it.
On 23 January 2018, a meeting of the Central Leading Group for Comprehensively Deepening Reform, chaired by General Secretary XiJinping, considered and adopted the Opinions on the Establishment of International Commercial Dispute Resolution Mechanisms and Institutions for "One Belt, One Road". On 29 June 2018, the First International Commercial Tribunal and the Second International Commercial Tribunal of the Supreme People's Court were inaugurated in Shenzhen and Xi'an respectively. On 26 August 2018, the International Commercial Experts Committee of the Supreme People's Court was formally established. Chief Justice Zhou Qiang stressed at the inaugural meeting that the significant role of the International Commercial Experts Committee should be given full play in order to resolve international commercial disputes in a fair, professional and efficient manner, and strive to create a stable, fair, transparent and predictable business environment under the rule of law, so as to promote The Belt and Road Initiative and also stimulate the construction of an open world economy by supplying more powerful judicial services. Up to now, China has signed 201 cooperation documents with 138 countries and 31 international organizations to jointly buildThe Belt and Road Initiative, and the interconnection structure of “six economic corridors, six economicpaths, many countries and various ports" has basically taken shape together with the joint construction of The Belt and Road which has yielded abundant results.
As the world is undergoing momentous changes unseen in a century, the uncertainty in the international environment has increased significantly. COVID-19 pandemic is still spreading around the world, causing unprecedented damage to the world economy and the international order, and countries are facing the dual challenges of fighting the pandemic and recovering their economies. Against such a backdrop, the appointment of new expert members of the International Commercial Experts Committee and holding of the second seminar of the International Commercial Experts Committee become even more relevant.
First, it reflects the open spirit of judicial reform of China. In the current international environment where a few countries are engaging in unilateralism, long-arm jurisdiction and judicial bullying, Chinese courts reveal an open and tolerant mind. As the old saying goes, "A mountain makes its greatness for never overlooking even a grain of soil; and a river or sea makes its deepness for never rejecting a small stream." Relying on this international platform, the International Commercial Experts Committee is able to bring into play the strengths and potential of experts from different countries to overcome obstacles caused by differences in national legal systems, thus playing a unique role in the resolution of international commercial disputes.
Second, it reflects the innovative spirit of judicial practice of Chinese courts. The International Commercial Experts Committee is an important part of the diversified international commercial dispute resolution mechanism established by the Supreme People's Court, and is an important part of the "one-stop" international commercial dispute resolution mechanism that organically links mediation, arbitration and litigation, which is a major innovation in the international commercial dispute resolution mechanism. This initiative is a crucial innovation in the international commercial dispute resolution mechanism. Its outstanding feature is that it places the three modes of international commercial dispute resolution - mediation, arbitration and litigation - on the same platform, establishing a multi-functional dispute resolution mechanism where each function complements the others, and broadening the avenues for parties to resolve their disputes. The International Commercial Experts Committee is entrusted by the International Commercial Court to mediate international commercial disputes on a voluntary basis, fully guaranteeing the impartiality, professionalism and efficiency of international dispute handling, which is not only a useful exploration of judicial reform, but also a courageous innovation in the dispute resolution system.
Thirdly, it embodies the spirit of cooperation of "joint consultation, construction and sharing". The trend of the times is for countries around the world to engage in judicial exchanges and cooperation. As the saying goes, "If you take advantage of the wisdom of many, you will be able to do anything; if you use the strength of many, you will be able to win." The members of the Expert Committee come from different countries, legal systems and regions along The Belt and Road Initiative, and are all experts and scholars with profound knowledge in the field of international trade and investment law, and with recognised influence in judicial or arbitration practice. This composition demonstrates the professional, neutral, representative and international character of the expert committee. The fact that China International Commercial Court has been able to include legal experts from all over the world who are proficient in international law and their own laws to participate in the resolution of international commercial disputes, not only fully reflects the important principle of "joint consultation, construction and sharing", but also establishes an important platform for the exchange and mutual appreciation of various legal systems and different culture concerning rule of law, which will provide a better opportunity for all parties to participate in the construction ofThe Belt and Road Initiative. It will provide more solid legal support and institutional guarantee for all parties to better participate in the construction of the Belt and Road Initiative. As new members of the Expert Committee, we solemnly state that we will perform our duties conscientiously, learn from each other and communicate with Chinese and foreign experts, as well as new and old members.
First and foremost, we are entrusted by the International Commercial Court with the task of conducting mediation, safeguarding the legitimate rights and interests of Chinese and foreign parties, undertaking the role of mediation in a fair and reasonable manner, and discharging our responsibility to help the International Commercial Court establish a "one-stop" dispute resolution platform for mediation, arbitration and litigation. Furthermore, we prepare to provide advice on the interpretation of international commercial rules and the identification and application of extraterritorial laws.Last but not least, we are ready to provide advice on the development of the International Commercial Court of the Supreme People's Court and the International Commercial Experts Committee.
We are committed to following the rules and code of conduct of the International Commercial Experts Committee, to strengthen our research and utilization of a "one-stop" international commercial dispute resolution mechanism that organically links mediation, arbitration and litigation. We will all do our utmost to live up to our responsibilities and honour our mission.
We wish the International Commercial Court of the Supreme People's Court and the International Commercial Experts Committee all the very best in their future endeavour!
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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.