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Research On Internationalization Of Foreign-related Commercial Arbitration Under The Background Of "one Belt And One Road"

Posted on:2021-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z R YuFull Text:PDF
GTID:2416330605975499Subject:Law
Abstract/Summary:PDF Full Text Request
With the acceleration of the “Belt and Road” initiative,more than 160 countries and regions have already taken the “Belt and Road” rides.63% of the world's population are on this axis connecting East and West via Eurasia.The international commercial arena along the line has great prospects.More and more Chinese companies choose to conduct international commercial cooperation in overseas markets.The increase in cross-regional and cross-regional commercial cooperation will inevitably lead to complex types of commercial disputes,huge amounts of subject matter,and multiple parties of rights and obligations.International commercial arbitration is the most favored dispute resolution method for the main subjects of international commercial disputes along the “Belt and Road”.It is also an important part of the one-stop dispute resolution mechanism.At present,China's commercial arbitration system is not complete,and the commercial arbitration legal system is not complete.To cope with complex international commercial cases and lack of leadership in the field of international commercial arbitration law,in order to cope with disputes arising from cross-border economic exchanges,to promote the "Belt and Road" development in depth,and to promote the reform of internationalization of foreign-related commercial arbitration is imperative.Based on the “Belt and Road” initiative,the article systematically demonstrates the internationalization of foreign-related commercial arbitration.First of all,the concepts related to the internationalization of foreign-related commercial arbitration are accurately defined,and the internationalization of foreign-related commercial arbitration includes the internationalization of accepted cases,the internationalization of arbitrators,the arbitration system,the arbitration rules,the internationalization of arbitration laws,and the internationalization of arbitral awards.2.Internationalization of arbitration contributions,empirical analysis and data demonstration of the practical significance of the internationalization of commercial cases along the “Belt and Road”and foreign-related commercial arbitrations.It is pointed out that the internationalization of foreign-related commercial arbitrations is important for expanding the source of cases,training talents,and ensuring the fairness of awards.Realistic significance.Secondly,it analyzes the problems existing in the internationalization of foreign-related commercial arbitration,and points out that the commercial arbitration system is incomplete,which is specifically manifested inincomplete arbitration law,inconsistent judicial interpretation and lack of advanced system;foreign arbitrator system,arbitrator roster system and arbitration institutions The system is several specific aspects that need to be optimized for foreign-related commercial arbitration institutions in China.The lack of leadership in foreign-related commercial arbitration is reflected in three aspects: the arbitration result,the arbitration process,and the lack of cases.Finally,the specific measures for the internationalization of foreign-related commercial arbitration are constructed,and it is pointed out that making up for the deficiencies in the arbitration legal system,clarifying the ambiguity of judicial interpretation,and unifying the application of advanced arbitration systems are the legal system approaches to arbitration internationalization;improving the foreign arbitrator system and regulating arbitrators The roster,exploring the establishment and development of new models of arbitration institutions are the needs of reforming its own arbitration system;strengthening the Chinese voice in the field of foreign commercial arbitration,and drawing on the development of the London Arbitration Court are the only ways to promote the internationalization of foreign commercial arbitration in China.
Keywords/Search Tags:“One Belt One Road”, Foreign-related commercial arbitration, Internationalization
PDF Full Text Request
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