| With the development of international commercial exchanges,China’s international commercial court,as an important part of the international commercial dispute settlement mechanism,provides the parties concerned with a professional and convenient way to solve disputes,and improves the international credibility and competitiveness of China’s judicial organ in the fierce international competition.Indeed,China’s international commercial court has its institutional advantages,especially the establishment of a “one-stop” and diversified dispute settlement system platform that realizes the trinity of mediation,arbitration and litigation.However,these are not the primary conditions to attract foreign parties concerned to choose China’s international commercial court.If we do not strengthen its international characteristics and distinguish it from traditional civil litigation,it will not be conducive for China’s international commercial court to develop its dominant position in the international community.Therefore,we should integrate enough internationalization ideas into its development process,that is,realize all-round internationalization in such aspects as jurisdiction,trial procedure,recognition and enforcement of judgments.With the internationalization of international commercial court as a starting point and based on the experience of other countries and the actual situation in China,this paper gives some superficial suggestions to improve the internationalization of China’s international commercial court.Using research methods including semantic analysis,comparative research and literature analysis,this paper concentrates on summarizing the advantages of China’s international commercial court and analyzes its shortcomings based on the current situation of China’s international commercial court so as to put forward better suggestions for the improvement of China’s international commercial court.In addition to the sections Introduction and Conclusion,this paper consists of four parts.Part 1 briefly introduces the legal status of the international commercial court,and the realistic basis and theoretical support of its internationalization development trend,aiming to explain that internationalization is the proper meaning of the operation of the international commercial court,and pave the way for the following parts to illustrate the current situation of the internationalization of the court at home and abroad and put forward relevant suggestions;Part 2 introduces the proved measures taken by excellent international commercial law in other countries in order to achieve the internationalization,such as the expansion of jurisdiction,the choice of procedural language,the internationalization of members and other rules,with a view to referencing to the advanced experience of these international commercial courts;by discussing the overview of the reality of China’s international commercial court,Part 3 analyzes the relevant requirements of the Belt and Road Initiative for the establishment of a commercial court in China,which are mainly about the establishment of an international court and proposes the advantages of court institution while pointing out the insufficient internationalization in its establishment.Based on the above,Part 4 compares the successful experience of foreign countries,and puts forward better suggestions for improving the improvement of China’s international commercial courts on the basis of actual international situation in China,including the composition of court personnel,jurisdiction system,trial language,and the internationalized improvement of recognition and enforcement of judgments,etc. |
