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Comparative Study Of Arbitration Systems In Countries Along "The Belt And Road Initiative"

Posted on:2020-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:C P ZhuFull Text:PDF
GTID:2416330578953400Subject:legal
Abstract/Summary:PDF Full Text Request
On September 7,2013,Chinese President Xi Jinping proposed an initiative to jointly build the "Silk Road Economic Belt" in his speech at the Nazarbayev University in Kazakhstan.The proposal of this initiative created a comprehensive development for China in the new era.Unprecedented opportunities have also brought enormous challenges to the reform work in all aspects of our country.In order to fully cope with the various challenges in economic exchanges with countries and regions along the "Belt and Road" and better carry out the "One Belt,One Road" strategy,the reform of various systems in China is particularly urgent.In order to make China better adapt to the"One Belt,One Road" strategic development,this paper selects and studies the arbitration system that solves the important role of countries along the line in the process of economic exchange and cooperation,and puts forward suggestions for the reform of China's arbitration system.This paper selects the representatives of Kazakhstan,Singapore and Russia,which are representative of the countries along the "Belt and Road''.Kazakhstan's commercial arbitration system has a relatively complete legal system,and the forms of arbitration are diverse,and efforts have been made to align with international arbitration rules.There are many experiences worthy of our discussion in the reform of the Kazakhstan arbitration system.For example,its alternate arbitrator system,that is,the determination of the initial arbitrator,is determined by the party's choice or the appointment of the chairman of the arbitral tribunal.The arbitrators are alternately replaced in order to replace the first arbitrators who are unable to perform their functions in a timely manner;and the principle of party autonomy is highly valued.The Kazakhstan arbitration system reflects the principle of full respect for party autonomy in many structures.Singapore's arbitration system is complex in structure and comprehensive in system.By adopting the model of separate arbitration between international arbitration and domestic arbitration,it has formed a unique "dual-track"operation mechanism for international arbitration and domestic arbitration,with a high degree of flexibility.In the process of judicial reform in Russia,a large number of legal traditions in the Soviet period were left,including the "national arbitration"system,in which the state played the role of an arbitrator,and the arbitration power was closely integrated with the executive power.With the development of the market economy,modern commercial arbitration has also appeared and developed in Russia.Therefore,Russia has developed a two-track arbitration system,that is,a dual-track structure in which state arbitration and commercial arbitration(civil arbitration)coexist.With the"Belt and Road" strategy and the construction of a free trade zone,arbitration must play an increasingly important role in the exchanges between countries.Compared with other countries along the "Belt and Road",China is in a leading position in terms of economic development level and legal system construction.These are important opportunities for China to develop an arbitration system and create a good image of China's arbitration.Therefore,we should seize As an opportunity of the "Belt and Road" leader,the company strives to make the parties in the countries along the line understand,trust and choose Chinese arbitration and Chinese arbitration institutions,find out their own problems,and actively seek for China's opening up and "One Belt,One Road" initiative.Advance the path of arbitration development.
Keywords/Search Tags:"the belt and road initiative", arbitration, commercial arbitration, Review of decisions
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