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Research On The Mechanism Of International Commercial Expert Committee

Posted on:2022-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:K M TianFull Text:PDF
GTID:2506306782455124Subject:International Law
Abstract/Summary:PDF Full Text Request
The rapid development of technology and world economy has accelerated the frequency of international trade exchanges,and the number of international commercial disputes has increased significantly.In order to adapt to the new situation,China has established an international commercial court to seize the international commercial dispute settlement market,as well as an international commercial expert committee and a "one-stop" dispute settlement mechanism,adding Chinese characteristics to the operation of the international commercial court.It also improves the international competitiveness and attractiveness of Chinese international commercial court to the parties.However,as an emerging institutional model,the international commercial expert committee is not fully mature in practical application.The international commercial expert committee mechanism is still in the initial stage of construction,and the operation of the mechanism is still imperfect.Therefore,it is necessary to study the mechanism,understand the operation status of the mechanism,and deeply analyze the existing problems.This paper is divided into four parts.The first part is the general overview of the mechanism of international commercial Expert Committee.Firstly,it introduces the mechanism source of the expert committee of the international commercial court,and expounds the relevant background of the mechanism construction;Secondly,it summarizes the functions of the expert committee and analyzes the role that the expert committee should play in judicial practice;Thirdly,clarify the nature of the Committee of experts on international business;Finally,sort out and summarize the latest membership structure of the expert committee.The second part discusses the imperfections in the operation of the current international commercial expert committee mechanism.Firstly,it analyzes the problems existing in the current mechanism from the overall rule design level;Secondly,find out the obstacles in the process of performing their duties at the level of mediation chaired by the Expert Committee;Finally,it analyzes the deficiencies at the functional level of the expert committee.The third part analyzes the practice of foreign related systems and obtains the enlightenment to our country.This paper selects the systems similar to China’s Committee of international commercial experts in Singapore,Dubai and Germany for further investigation and research,sorts out the practices with reference value,and learns from foreign experience.Combined with the actual situation of China,this paper summarizes the enlightenment to the development of China’s international commercial expert committee mechanism.The fourth part puts forward optimization suggestions for the above imperfections.In order to further promote the development of the international commercial expert committee mechanism,this paper puts forward reasonable suggestions from the perspective of theory and practice,and improves the current mechanism from the aspects of rule design and function performance.
Keywords/Search Tags:China International Commercial Court, Expert Committee, mediation
PDF Full Text Request
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