Research On The Pretrial Mediation System Of The International Commercial Court

The exploration of multiple dispute resolution mechanisms is currently a trend of globalization.In the Opinions of the Supreme People's Court on the People's Court's Further Deepening of the Reform of the Multiple Dispute Resolution Mechanism issued by the Supreme People's Court of China,it was mentioned that the internationalization of the multiple dispute resolution mechanism should be promoted It is necessary to fully respect the legal culture of the parties and support their voluntary choice of non-litigation dispute settlement methods such as mediation and arbitration.In addition,in accordance with the Supreme People's Court's Provisions on Several Issues concerning the Establishment of an International Commercial Court,the Supreme People's Court established an International Commercial Expert Committee and selected qualified international commercial mediation agencies,international commercial arbitration agencies,and international commercial courts.Jointly build a dispute resolution platform that organically connects mediation,arbitration,and litigation,and form a "one-stop" international commercial dispute resolution mechanism.Throughout all alternative dispute resolution methods,mediation to resolve international commercial disputes is a relatively stable judicial strategy.At present,the settlement of foreign-related commercial disputes has become a new point of international competition,and the legal system for mediation before the court in China's international commercial court is not The perfect legislative status and the relatively blank judicial practice of mediation and settlement of commercial disputes,it is even more urgent to improve the supporting mechanism of the international commercial court through the improvement of the pre-trial mediation legal system to promote the development of practice and improve the current judicial status.The mediation rules are the operating basis of the entire mediation system.China's international commercial tribunal has inadequate rules for pre-trial mediation,and lacks a complete legal system and specific operating rules.This article focuses on the international comparison of the pre-trial mediation system of the international commercial tribunal,and the pre-trial mediation system of the international commercial tribunal in China.The elaboration of the status quo and problems of the legislation,and the analysis of the improvement strategies,only a brief summary of the basic theory of the pre-court mediation system.Excluding the introduction,this article consists of the following four chapters:Chapter One is an overview of the pre-trial mediation system of the International Commercial Court.This chapter first defines the scope of the study,discusses only the part of mediation before the international commercial court,excludes the mediation of other commercial mediation agencies,and arbitration mediation,and then summarizes the characteristics and value of the mediation before the international commercial court.Chapter ? International Comparison of the Pre-Trial Mediation System of the International Commercial Court.A comparative study is conducted from two levels of domestic law systems and international law systems in various countries.In domestic law,the "virtual" trials in the United States,the mediator database system in the United Kingdom,and the litigation cost incentive model in Singapore are listed.In terms of international law,the World Trade Organization's(WTO)restricted citation principle,the United Nations Trade Law Commission's(UNCITRAL)model of commercial mediation model law,and the World Intellectual Property Organization's(WIPO)mediator selection process are listed.Chapter ? is the status quo and problems of the pre-trial mediation system of the China International Commercial Court.At the legislative level,in general,the legal system for international commercial court mediation is not complete and lacks specific operating rules.At the judicial level,there is currently no precedent for the settlement of commercial disputes through mediation in China.blank.Based on the above legislative and judicial status,this paper concludes that the following problems exist in the pre-trial mediation system of China's international commercial courts:the lack of pre-trial mediation operation rules,the pre-trial mediation pre-procedure procedures,and the lack of confidentiality provisions.The fourth chapter is the improvement of the pre-trial mediation system of the China International Commercial Court.Based on the above analysis of the status quo and problems of China's system,combined with the comparative analysis of extraterritorial legal systems,this article conducts strategic research from two aspects:macro principles and micro measures.First of all,from a macro perspective,the author proposes that the legislation of China's international commercial court mediation system should be based on the principles of autonomy,fairness,and legitimacy;on the micro level,it is recommended to adopt a special chapter-style legislative system to refine the pre-trial mediation process.Specific operating rules,clarification of pre-trial mediation procedures,improvement of mediation norms for expert committee members,introduction of online mediation models,addition of confidentiality and restricted citation clauses,addition of non-objection mediation scheme recognition clauses,and suggestions for the establishment of a mediator database.In order to promote the construction of a strong trading nation,properly resolve the"Belt and Road" trade and investment disputes in accordance with the law,protect the legitimate rights and interests of domestic and foreign parties on an equal footing,and respond to the construction of the nation's "one-stop" multi-dispute resolution platform,this article proposes to improve China's international commercial court before the court.Mediation of legal system,improvement of supporting mechanisms of the International Commercial Court,and improvement of China's international judicial credibility and competitiveness.