The System Of China International Commercial Court: Dilemmas And Solutions

The establishment of international commercial court system is one of the most important measures in the field of international commercial dispute settlement in recent years.As the traditional advantages of international arbitration,such as high efficiency,low cost and finality,are increasingly questioned,the international commercial court system,which integrates the advantages and characteristics of arbitration and litigation,emerges at the historic moment and is rapidly put into the international commercial dispute settlement market as a new public product by many countries.In a broad sense,the international commercial court system is a tailored litigation procedure for international commercial disputes.Since its absorption of different dispute settlement methods is not limited on the surface,but also includes the concept and core.It determines that the international commercial court system has richer meaning and higher compatibility.This also will lead to the competitive result between international commercial court and international commercial arbitration inevitably even if there is no motivation for competition between them,while the latter was once considered as the most appropriate way to settle international commercial disputes.However,compared with traditional international commercial dispute resolution methods,international commercial courts have two irreplaceable core advantages,neutrality and professionalism guaranteed by national justice,and conditions as a high-quality integrated platform for dispute resolution methods.The establishment of the China International Commercial Court(CICC)comes amid a wave of international commercial courts being built around the world,but it only took about five months to set up,given the urgency of the time to launch the court.In such a hasty situation,the CICC is not established independently from the domestic judicial system,also without new legislation or legislative amendment.Instead,only a simplified judicial interpretation is issued as the foundation for its establishment,resulting in the majority of the original rules on foreign-related civil and commercial litigation being still used.Due to the combined effects of multiple reasons,the CICC faces with many difficulties,such as lack of neutrality,limited internationalization,incomplete absorption of arbitration and litigation advantages,and so on.Compared with the existing international commercial courts,its competitive advantages are quite limited.In order to explore the solutions for the CICC in the above dilemmas,it is necessary to first focus on the macro level and clarify the top-level design of the CICC.To provide judicial guarantee for the construction of the Belt and Road is the core objective of the establishment for the CICC,but it should not be used as an exclusive objective.We should make full use of the remarkable achievements in the field of international arbitration in Hong Kong,and fill the position of dispute resolution institution which is known by litigation through the CICC,and strive to form an international dispute resolution centre in the Asia-Pacific region.Secondly,at the meso-level,the strengthening of party autonomy should be taken as the guiding principle for the improvement of the CICC.It is an efficient and feasible method to transform into a special people’s court and refer to the experience of the pilot free trade zone on temporarily adjusting the application of law.Finally,the micro-level institutional revision should take the maximization of the advantages on the innovative system as the significant clue.The refinement of the "one-stop" dispute resolution platform and the consequent optimization of the dispute resolution service are indispensable.The mechanism of CICC Expert Committee should also be further improved.As an alternative system for international judges,its value will depend on the possibilities conferred by the design for the system.In addition,since 2021,local international commercial courts have been set up in many places.The expansion of international commercial courts from the CICC to the local international commercial courts in intermediate people’s courts deserves attention and analysis.Even if the purpose of such practice has not been stated.However,this systematic model of international commercial courts may become the main basis for our international commercial courts to avoid assimilation and improve the quality and efficiency of innovation.