Study On The Cohesion Mechanism Of Arbitration,Litigation And Mediation In CICC

As international commercial activities are increasing rapidly,many countries are facing the challenge of using limited judicial resources to handle a large number of international commercial disputes.In the past few years,many countries have established judicial institutions specialized in resolving international commercial disputes,i.e.,an international commercial tribunal or court.With the development of China's economy and the "Belt and Road," China is also facing a large number of international commercial disputes,so the China International Commercial Court(CICC)has been established in response to the new trend.CICC provides "one-stop" legal services for trade and investment disputes related to the "Belt and Road" and protects the legitimate rights and interests of Chinese commercial entities.The most distinctive feature of CICC is diversified dispute resolution mechanism.Article 1 of CICC Procedure Rules implements a diversified dispute resolution mechanism that provides parties with an effective connection to the lawsuit and establishes a one-stop dispute resolution platform.In terms of the design of the legal regime,CICC has some intermediary lawsuit mediation rules to ensure the operation of a variety of dispute resolution mechanisms,including the pretrial mediation system that connects litigation and mediation,and CICC supports arbitration to resolve disputes from multiple perspectives.The special legal regime of CICC is the experts committee,which can serve as mediators of pre-trial mediation,provide legal opinions in litigation procedures,and ensure the effective operation of the mediation mechanism for secondary litigation.CICC plays an active role in protecting the interests of domestic enterprises and guaranteeing the exercise of China's judicial power,and has strategic significance for China.Based on the research on the multiple dispute resolution mechanisms in the following countries'international commercial courts and their distinctive mechanisms for interlocutory mediation,this article seeks to provide recommendations for improving the interlocutory mediation mechanism of CICC.As the "originator" of the international commercial court,the British Commercial Court is worth analyzing and studying of its rules of supervision and support of arbitration.The Dubai International Financial Center Court has established a translation system for judgments and arbitral awards to strengthen the extraterritorial enforcement of Dubai International Financial Center Court' judgments.Singapore,through the establishment of the Singapore International Commercial Tribunal,has improved the construction of its diverse dispute resolution center.In addition,the ADR embodied into the US courts and the Japanese civil mediation system also have noteworthy comparable legal regime for the study of cohesion mechanism.China could take into account its own national conditions and learn from foreign experience in order to create the general rules that could be properly applied in China,and to seek an effective and reasonable mechanism for conciliation legal regimes regarding the connection of arbitration,mediation,and litigation.