Research On Legal Issues Of Commercial Dispute Mediation And Arbitration Mechanism In Shanghai Free Trade Zone

At present, with the economic globalization and the integration of the world continues to promote commercial trade shows a growing trend of liberalization, to the healthy and stable development of the domestic economy, shoulder the important task of deepening reform, the central government decided to set up China (Shanghai) free trade zone. Shanghai established FTA major, plays an important role in the process of the deepening of reform and opening up, the possibility of efficient robust operation depends on the legal protection work can be implemented, the construction is a huge and complicated project. Therefore in the process of cultivating the internationalization of Shanghai FTA of the legal system, establish a sound dispute settlement mechanism is very important. To some extent, can can say justice, quickly resolve the dispute, the relationship between Shanghai FTA’s destiny and future. At present, commercial disputes show diversity, sensitivity, specificity, antagonism, difficult to mediation. Resolve commercial disputes should clear a variety of dispute solve way in the dispute solution in the role and status of, so as to give full play to the dispute solve the advantages and characteristics, and can complement each other, interface integration, meet the social main body diversity demand contradiction and dispute resolution mode. This paper from Shanghai Free Trade Zone set up the significance and background of that focuses on collecting and summarizing the commercial mediation and arbitration mechanism at the same time, to commercial disputes mediation and arbitration mechanism of the existing legal problems were analyzed, by drawing on the mature experience of foreign and the cooperation study, it is concluded that the perfect enlightenment for Shanghai FTA commercial disputes mediation and arbitration mechanism.Research on legal issues related to this paper is divided into four parts to the commercial disputes mediation and arbitration mechanism. The first part is the introduction, the research and Discussion on the problem of mediation and arbitration mechanism of legal and commercial disputes, because only establishing a commercial dispute settlement mechanism, to be fair, timely and convenient to resolve commercial disputes mediation. In order to adapt to the international business environment, legal trend, in order to promote the development of national economy. The second part is an overview of the mediation and arbitration mechanism of commercial disputes, clarifies the connotation and characteristics of commercial disputes mediation and arbitration mechanism, laid a theoretical foundation and practical basis for the analysis of legal issues below. The third part is the analysis of the existing legal problems of the mediation and arbitration mechanism of Shanghai FTA commercial disputes, a detailed analysis of the commercial Mediation, arbitration and related coordination between the existing legal problems. Part four suggestions to improve Shanghai FTA commercial disputes mediation and arbitration mechanism and legal issues in the proposed in the previous paper, combing the United States, the United Kingdom, Stockholm and commercial disputes mediation and arbitration mechanism of mature experience, summed up the inspiration from the free Trade Zone in Shanghai commercial disputes settlement mechanism, with extraterritorial investigation concluded that the Enlightenment of Shanghai FTA commercial disputes mediation and arbitration mechanism and constantly improve the opinions and ideas.