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Research On The Expert Committee System Of International Commercial Courts In My Country

Posted on:2022-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:F F WeiFull Text:PDF
GTID:2516306530478194Subject:legal
Abstract/Summary:PDF Full Text Request
Under the background of the tide of economic globalization,the international community pays more and more attention to the construction of International Commercial Court.Throughout the International Commercial Courts in various countries,all of them reflect the characteristics of specialization in organization,internationalization in the scope of accepting cases,facilitation in litigation procedures and impartiality of the verdict.China is no exception.Based on the realistic needs to advance"The Belt and Road"initiative and the urgent demands for innovation in court reform,the Supreme People's Court established an International Commercial Court(CICC).After 29thJune,2018,the First and Second CICC were established in Shenzhen and Xi'an to provide more convenient dispute resolution mechanisms for the parties.Our country is the first to set up an Experts Committee to assume some functions of the CICC and promulgate corresponding laws and regulations to ensure the operation of the system and the development of the CICC.Comparing to the vigorous development and successful operation of the Assessor in the Court of Dubai Financial Centre and the Advocate General in the European Court,the Committee of Experts System is inevitable to have some problems which is not conductive to its long-term and stable development during the two-years,such as the legal positioning of the Committee of Experts,workflow,the nature of the mediation agreement,and the neutrality and impartiality of the members of the experts.If we want to make the parties take the CICC of our country as the first choice when they are choosing courts to settle commercial disputes,it is necessary to improve and perfect the relevant regulations of the Experts Committee.Because the Experts Committee System is a major institutional innovation and characteristic of the CICC,its benign and healthy development are particularly important for the development of the CICC.Therefore,it is indispensable to form an Experts Committee System with Chinese characteristics on the basis of the successful experience of other countries.By comparing the successful experience of the Assessor in the Court of Dubai Financial Centre and the Advocate General in the European Court,there are many valuable implications to the improvement and development of the Experts Committee System.On the basis of combining the background of the deepening of China's"One belt and road"initiative and the current situation of the International Commercial Court,we put forward some suggestions in line with the problems existing in the initial design and system operation of the Expert Committee,and strive to achieve breakthroughs and innovation,which will not only bring some advantages to the CICC,and make it more in line with the current needs of the international community to handle the increasing international commercial disputes under the"One belt and road"initiative,but also contribute to establish credibility and influence of China's domestic courts.
Keywords/Search Tags:International Commercial Court, The Experts Committee System, Assessor, Advocate General
PDF Full Text Request
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