Under The Belt And Road Initiative,the Practice,Predicament And Improvement Path Of China International Commercial Court

Since the Silk Road Economic Belt and the 21st-Century Maritime Silk Road was proposed by President Xi Jinping in 2013,international economic and trade activities such as international trade,international investment and international project contracting between China and countries along "the Belt and Road" are becoming flourishing.In the meanwhile,the number of disputes aroused from international commercial trade and brought to courts in China has been increased day by day.Because of the complication and the large number of cases,it becomes much more difficult for traditional courts to settle disputes when status quo changes everyday.Under such a background,the first and second China International Commercial Court,motivated by the Supreme People's Court in 2018,were established in Shenzhen and Xi 'an.It is a settlement platform in which parties to the disputes can sit,argue and be awarded a fair result.This is the reason why it becomes an important measure for China to improve the business environment,promote and guarantee international commercial cooperation,and enhance judicial competitiveness.China International Commercial Court system mainly includes international commercial expert commission,one-stop dispute resolution platform,international judge selection mechanism,and diversified extraterritorial law identification platform.Since its establishment in 2018,the first and second International Commercial Courts have accepted 13 international commercial cases in total,and five of these have been concluded.Decisions of these cases demonstrate the logic and thinking of preisiding judges,which provide important examples and guidance for future cases.However,the first and second International Commercial Courts are still confronted with practical difficulties systematically.For example,lacking of judges,narrow coverage of jurisdiction,imperfect litigation confidentiality system,and difficulty in judgment recognition and enforcement.As a dispute settlement mechanism originated from Europe,the commercial court with long history is considered as cultural heritage,which is an important approach to international commercial dispute settlement throughout human history.Medieval European market court,maritime court,merchant guild court,town court to modern international commercial court of international society(such as Business and Property Courts of England and Wales,Singapore International Commercial Court,Dubai International Financial Centre Court,Brussels International Business Court,Netherlands International Commercial Court etc.),commercial court gradually developed a set of rules to resolve commercial disputes.This provieds valuable experience and materials for our country to establish our commercial court.In view of the current dilemma,lessons can be drawnfrom foreign experience historically and presently.From the aspects of improving the overall quality of judges,there are several improvement can be made.In order to achieve these goals,measures should be taken to expand the construction of the judge team,make guidelines for legal documents,improve the compensation system of judges,expand the range of jurisdiction,improve the litigation confidentiality system,promote the decision-making procedure,and construct flexible international commercial litigation procedures.These measures can effectively promote the professionalization and internationalization of China International Commercial Court,which means it can make China International Commercial Courts competitive,international commercial legal environment more friendly,and in the end promote the implementation of the"the Belt and Road" initiative.