The Recognition And Enforcement Of Judgments Of China International Commercial Court

The continuous development of “the Belt and Road” has provided unprecedented opportunities for commercial development in the regions along “the Belt and Road”,and meanwhile has brought huge and urgent challenges to the settlement system of international commercial disputes in the countries along “the Belt and Road”.In order to ensure and serve the effective settlement of international commercial disputes in the regions along “the Belt and Road”,and to build an efficient,fair,credible and diversified international commercial dispute settlement platform and mechanism?The Supreme People's Court of China has established the First and Second International Commercial Court in Xi 'an and Shenzhen,respectively.As an important part of commercial dispute settlement body,participating in and leading the “the Belt and Road”,China International Commercial Court will have a profound impact on the settlement of “the Belt and Road” commercial disputes and the recognition and implementation of its legal documents.International commercial disputes are naturally international and open.Mutual recognition and enforcement of legal documents is the last link of international commercial litigation and also the final guarantee for the effective operation and international competitiveness of the commercial dispute settlement mechanism.The legal basis for recognition and enforcement of judgments mainly includes international conventions,bilateral judicial assistance agreements,reciprocal relations and national legislation.At present,the international community has not reached a substantive and effective multilateral international convention on the recognition and enforcement of foreign judgments,and the coverage of the bilateral judicial assistance treaties established by China is extremely limited.Therefore,our country can only rely on the principle of reciprocity or the domestic legislation of the requested country to realize the recognition and enforcement of international commercial judgments in most situations.However,in the judicial practice of recognition and enforcement,Chinese courts always adhere to the principle of reciprocity in fact and prudently apply to the conservative approach of reciprocity principle.In addition,there are huge differences in relevant laws of countries along the “the Belt and Road”.The three factors result in great uncertainty in the recognition and enforcement of judgments in China International Commercial Court.Accordingly,in addition to timely summarizing the existing experience and the gain and loss of the recognition and enforcement of foreign-related commercial judgments,China should also boldly draw lessons from and study the successful practices in Singapore,Dubai,the Netherlands and other international commercial courts.Moreover,our country can take full advantages of the existing conventions and treaties,boldly innovate to facilitate the enforcement by converting the court's ruling to the arbitration award,and actively sign memorandum with other countries,to promote the integration of the recognition and enforcement of the regional judgment in the countries along the “the Belt and Road”.