Research On Several Difficult Issues Of The China International Commercial Court

“The One Belt and One Road ”Initiative to enhance the economic cooperation and the business trading with parter countries.With the further implement of the initiative,transnational commercial disputes continue to increase and become more complicated.This not only brings challenges to China’s international commercial dispute settlement mechanism,but also provides opportunities for China to build a new dispute settlement mechanism.Judging from the current establishment of international commercial courts,the United Kingdom,Singapore and other countries have established their own international commercial courts and have achieved initial results.International commercial courts in Kazakhstan、Germany、Netherlands、Japan and other countries will also be put into operation one after another.The nations around the world have realized that the establishment of an international commercial court can not only deal with the growing international commercial disputes,provide the parties with efficient 、 professional and national legal services,but also help to improve the judicial level of their own countries and improve the judicial competitiveness of the country.The supreme people’s court set up the international commercial court in 2018,It is beneficial to one belt and one road,international commercial disputes,which is fair and efficient,and it is of great significance for international commercial entities to develop transnational trade more confidence.However,the emergence and development of new things always face many problems.Due to the limitations of our country’s laws,there are still many problems in the selection of judges,scope of accepting cases,the jurisdiction of agreements,and the litigation procedures of the International Commercial Court of China.This paper analyzes the content of the "Provisions of the Supreme People’s Court on Several Issues in the Establishment of an International Commercial Court" on the basis of a study combined with the Singapore International Commercial Court,the British Commercial and Property Court and other institutions,and put forward some suggestions for the improvement of China’s International Commercial Court.Eventually to promote the reform and improvement of China’s international commercial dispute settlement mechanism.This paper is mainly divided into five parts:The first part mainly discusses the background and problems of the establishment of International Commercial Court in China.The International Commercial Court of China was established under the background of the in-depth implementation of the "One Belt and One Road" initiative.The "Regulations" are the main basis for its current operation.Although there are some innovations in the content of the "Regulations",it is subject to judge selection,there are still too conservative problems in the selection of judges,jurisdiction by agreement,audit system and other aspects.The second part mainly discusses the function of the International Commercial Court.Discussed in terms of the institutional function of the International Commercial Court,the function of public products and services,and the complementarity of cooperation with international commercial arbitration.The third part mainly discusses the current situation and existing problems of China International Commercial Court.First,the nationality of judges is limited to Chinese nationality,which makes the parties doubt the professionalism of our judges and reduces the attractiveness of our international commercial courts.Secondly,the limitation of the principle of actual contact in the jurisdiction of the agreement narrows the scope of legal services of my country ’s international commercial courts.Finally,the first-instance final trial system deprives the parties of their right to relief and affects the judicial credibility of our country.The fourth part mainly conducts a comparative study of extraterritorial international commercial courts.From the current point of view,the introduction of foreign judges to participate in the trial of cases is a common practice in international commercial courts in various countries.In order to expand the scope of domestic legal services,countries have expanded the jurisdiction of their own international commercial courts and removed the limitation of the principle of actual contact.From the perspective of the review system,all countries except China have adopted the system of final review in the second instance.The fifth part puts forward some suggestions on the perfection of China’s international commercial court.First,the limitation of judges’ nationality should be broken through and international judges should be introduced.Secondly,the limitation of the principle of actual contact should be removed and the scope of legal services should be expanded.Finally,the second trial system is implemented to protect the parties’ right of relief.