"One-stop" International Commercial Alternative Dispute Resolution Platform
From: CICC Updated: 2018-06-28On June 29, 2018, the Supreme People's Court announced to establish the China International Commercial Court and consecutively appointed two groups of international commercial court judges, in a total number of 14. The Regulations of the Supreme People's Court on Several Problems Regarding the establishment of the China International Commercial Court (hereinafter referred to as the Regulations) were released on the same day, specifying that an international commercial expert committee shall be set up and qualified international commercial mediation institutions, international commercial arbitration institutions shall be selected to jointly build a dispute resolution platform articulating mediation, arbitration and litigation with the China International Commercial Court, in order to form a "one-stop" international commercial dispute resolution mechanism. The China International Commercial Court supports the parties to choose the means they deem fit to resolve international commercial disputes via the dispute resolution platform articulating mediation, arbitration and litigation.
As per the declarations filed by relevant institutions and after comprehensive considerations of factors including the number of international commercial dispute cases administered by each institutions therebefore, their international influence and their informational development, it is now determined that the China International Economic and Trade Arbitration Commission, Shanghai International Economic and Trade Arbitration Commission, Shenzhen Court of International Arbitration, Beijing International Arbitration Center (Beijing Arbitration Commission), China Maritime Arbitration Commission, China Council for the Promotion of International Trade Mediation Center and the Shanghai Commercial Mediation Center be included into the first group of arbitration and mediation institutions in the "one-stop" international commercial alternative dispute resolution mechanism.
For international commercial disputes brought to the China International Commercial Court, the parties may, under the Regulations and the Procedural Rules for China International Commercial Court (Trial) (hereinafter referred to as the Rules), decide to mediate with those mediation institutions included into the mechanism by agreement. Where a mediated settlement agreement is reached after the mediation administered by a mediation institution, the China International Commercial Court may formulate a consent judgement in accordance with the laws; where the parties request for a judgement, a judgment made with the content of the settlement agreement may be rendered and served on the parties.
For international commercial dispute administered by those arbitration institutions included into the mechanism, the parties may, under the Regulations and the Rules, prior to or after the commencement of arbitration, apply to the China International Commercial Court for preservation of evidence, asset or conduct; the parties may apply to the China International Commercial Court for setting aside or enforcing the arbitral award.
According to the general layout of the development of "smart court", the Supreme People's Court will continue to strengthen the informational development of the "one-stop" international commercial alternative dispute resolution mechanism, optimize the online functions of the dispute resolution platform, utterly advance the articulation among mediation, arbitration and litigation and resolve international commercial disputes justly, efficiently and conveniently.
*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.