| The Belt and Road is booming,the expanding scope of partners and cooperation,and the differences in politics,economy,and law between the two sides are both the causes of international commercial disputes and the source of disputes.This paper first introduces the development status of China’s diversified international commercial dispute settlement mechanism.By combing and comparing the existing representative overseas international commercial dispute settlement mechanisms,including the analysis of legislation,system implementation,personnel selection and organization operation of international commercial dispute settlement mechanisms and institutions in Singapore,International Chamber of Commerce,United Kingdom and Dubai Financial Center,we find that The international commercial dispute settlement mechanism,including China,is gradually developing towards multi cooperation and internationalization.The commercial dispute settlement mechanism of the combination of mediation and arbitration abroad is generally applicable,and the service-oriented commercial dispute settlement mechanism and organization of the integration of mediation,arbitration and litigation are gradually growing.One belt,one road,is the international community dispute settlement center.The foreign dispute settlement center strengthens the legislation,formulating the operation system that suits the international rules and the expansion of the nationality of the personnel.The process of the dispute settlement mechanism and the institution’s establishment can play a certain role in the improvement of the "international and commercial dispute settlement mechanism".The differences in The Belt and Road,one’s own,and the other are the legal environment and legal system of the mechanism.The difference between the two sides is not completely copied in the process of perfecting the "international and commercial dispute settlement mechanism and institution" in the "one belt and one way".We need to make full use of the domestic practice to make innovations in the effective utilization of the advantages of the existing international commercial dispute settlement mechanism.The establishment of The belt and Road international commercial dispute settlement mechanism requires advanced legal and institutional support.Our country’s diversified commercial dispute settlement mechanism has a certain gap with the overseas representative countries in terms of legislation and rules setting.We need to draw lessons from overseas experience,consult internationally accepted laws and rules,and further improve domestic legislation and rules in light of the current situation of our country.In the process of rule making,the autonomy of the parties in dispute settlement mode,mechanism selection,application of law and location selection should be fully considered;on the basis of improving the system,the principle of high efficiency and convenience should be adhered to,and a diversified one-stop international commercial dispute settlement center should be established to provide the parties with diversified dispute settlement methods,and the advantages of various mechanisms should be integrated through the center to change our country One belt,one road,is to develop the mechanism of diversification,and to improve the efficiency of commercial dispute settlement.On the basis of setting up the center,China will continue to strengthen the effective convergence of mediation,arbitration and commercial mechanism in international commercial disputes,and form a strong guarantee for the settlement mechanism of multiple commercial disputes.One belt,one road,is to create a better solution for the development of commercial disputes between developed countries and China.The degree of globalization will be higher and higher.In order to break the geographical restrictions of commercial dispute settlement and save costs,we need to promote the establishment of online commercial dispute settlement platform;Professional talents are the basis of the use of the security system and the orderly implementation of the mechanism.China also needs to improve the training mechanism of foreign legal talents.It is hoped that one belt,one road,the international business dispute settlement,will be provided by the following three aspects:improving the legal system,establishing the international commercial dispute settlement center,strengthening the effective convergence between the two mechanisms,strengthening international cooperation,building online processing platform and strengthening personnel training. |
