Research On Foreign-Related Commercial Dispute Settlement Mechanism Under The Belt And Road Initiative

In 2013,Chinese President Xi Jinping put forward the concept of “One Belt,One Road”.Once this proposal was launched,it quickly gained high recognition and attention within the scope of globalization.Since the “One Belt,One Road” cooperation initiative has been proposed,there have been frequent commercial conflicts in the countries and regions along the line due to commercial trade,investment and financing activities,and it is urgent to prevent and circumvent the relevant issues.The article focuses on the issue of foreign-related commercial legal services under the “Belt and Road Initiative” initiative mainly on dispute resolution methods.The “Belt and Road” runs through Eurasia,with many countries and regions along the line,and the diversified development of economic culture,religious beliefs,laws and regulations,and commercial activities in different countries and regions.Under such a complicated international background,it is difficult to deal with the diversified needs by using a single dispute resolution method such as traditional litigation,international arbitration or international mediation.In order to solve this problem smoothly,a multi-disciplinary dispute resolution mechanism capable of serving the “Belt and Road” service was established.The relevant state agencies also supported the mechanism in terms of system.In 2018,the “International Belt of One Belt and One Road” commercial dispute was promulgated.Resolving the Opinions of Mechanisms and Institutions,pointing out the imperfections under the existing international dispute settlement mechanism,and proposing an organic combination of litigation,arbitration,and mediation systems,and cultivating dispute resolution methods suitable for the development of the “Belt and Road” to meet the “one area” All the way,the different needs of the parties under the initiative.The article will interpret the diversified dispute resolution method on the basis of the "Opinions",and analyze the international commercial litigation system,commercial arbitration system and international commercial mediation system under the "Belt and Road".The traditional dispute resolution methods are based on the trinity of litigation,arbitration and mediation.The dispute settlement mechanism under the “Belt and Road Initiative” is no exception.The first analysis is the litigation system.The civil and commercial litigation system under the “Belt and Road Initiative” is determined by the timely jurisdiction of the primary issues facing the background.The article conducts an in-depth analysis of this part of the article and explores the root causes of litigation difficulties under the “Belt and Road Initiative” and introduces The existing international commercial court system in the international community that can promote the circulation of litigation between countries,integrates the advantages of litigation and arbitration,and compensates for the lack of hardware in the litigation system.At the same time,it emphasizes the inconvenience of the principle of the court and the principle of no longer paying attention to the principle.The combination of commercial litigation system and international litigation system under the Belt and Road Initiative.Secondly,the arbitration system is explored.The international commercial arbitration under the “Belt and Road” is the primary choice for foreign-related dispute resolution because of its high efficiency neutrality.However,the rapid development of the times and the lack of domestic social system make China's international commercial arbitration The system has many problems in the process of serving the “Belt and Road”.The article will analyze and answer the international commercial arbitration operation and system level,and formulate corresponding strategies to realize the integration of the arbitration system with the international community.All the way to the purpose of the international commercial arbitration system.Finally,the article also explores the international commercial mediation system under the “Belt and Road”.The international commercial mediation system under the “Belt and Road” belongs to China's original dispute resolution method,but it is used in the process of “Belt and Road”.The differences also show different problems.The article interprets the rationality analysis of the international commercial mediation system in the context of the “Belt and Road”,the current problems and future development directions,and finds the most suitable for “One Belt,One Road” development.International commercial mediation system.The three dispute resolution methods go hand in hand,coordinate and coordinate with each other,and each of them exerts their own advantages under the “Belt and Road” initiative to achieve the goal of escorting the initiative.