The Research On International Commercial Court In China From The View Of Belt And Road Initiative

With the development of global economic integration and international trade,China puts forward the "One Belt And One Road" initiative to develop the economies of the countries along the belt and road and strengthen economic exchanges and cooperation.With the deepening and development of the "One Belt And One Road" initiative,international commercial disputes are also increasing.The supreme people’s court set up the first and second international commercial court ton June 29,2018 in Shenzhen,Xi ’an,and successively promulgated the "supreme people’s court about set up the regulation of international commercial court on several issues"(hereinafter referred to the regulations)and the supreme people’s court rules of international commercial court proceedings(try out)"(hereinafter referred to the pilot rules)as the operation of the international commercial court system in China.The study on the establishment and operation mechanism of international commercial courts under the background of " "One Belt And One Road" can enrich the relevant theories on handling foreign-related commercial disputes in China and improve the operation system of China’s international commercial courts.Therefore,the study of this paper has very important practical significance and theoretical value.This paper mainly uses the comparative analysis method and the literature review method research method,mainly compares our international commercial court and other countries international commercial court,then proposed our international commercial court consummation suggestion.This paper is divided into three chapters.The first chapter mainly discusses the significance of the establishment of China’s international commercial court and its main problems.The establishment of China’s international commercial court provides judicial guarantee for the construction of "One Belt And One Road" initiative,but it is faced with such problems as: the first-instance and final appeal system is difficult to maintain the parties’ relief rights,and the principle of practical connection limits the jurisdiction.The second chapter mainly introduces the Singapore international commercial court and the Dubai international financial center court.By comparing China’s international commercial court with the above two international commercial courts in jurisdiction system,party relief,court status and closed trial system,it is pointed out that China’s international commercial court should learn from the practice of international commercial court in advanced countries.The third chapter expounds the possible problems in the operation of China’s international commercial court and relevant Suggestions.This paper analyzes the problems of jurisdiction system,litigation confidentiality system and remedy approaches of the parties in China’s international commercial courts,and proposes that China’s international commercial courts should set up appeal courts and cancel the principle of "practical connection" of agreement jurisdiction.