Research On The Jurisdiction System Of International Commercial Courts In My Country

In the trend of countries competing to establish international commercial court,In 2018,China established its own international commercial court(CICC)and accepted a number of cases.Thus strengthening the judicial services for "The Belt and Road" business and trade exchanges.The court has accepted a number of cases,thus providing more solid judicial protection and backing for all kinds of trade and trade between the two sides.As the first step of accepting cases,jurisdiction is a very basic part of the trial and operation of the court.From the cases accepted by the International Commercial Court and the provisions of judicial interpretation,China has also made a variety of jurisdiction arrangements.The author analyses the commonness and development trend of international commercial arbitration and mediation related international treaties.Then she investigates the jurisdiction systems of Dubai and Singapore's International Commercial Court.These two courts have been established for a long time and accepted many cases.After comparing them with CICC's legal sentences,she finds that the relevant regulations of the jurisdiction system of CICC have not been well connected with international commercial arbitration and mediation.It is not as flexible as the above-mentioned two courts.It hinders the building of "one-stop" international commercial dispute settlement mechanism.And it stops China's courts from the neutrality and authority image.First,China's definition of the nature of jurisdictional cases has not kept up with the international development.The definition of the international nature of cases only starts from China,which is not neutral enough.The definition of commercial nature lags behind.Some cases that are not of commercial nature are also included in the scope of commercial.These regulations limit the boundary of cases.Second,the practical connection with the requirements of jurisdiction by agreement makes offshore cases inaccessible.It is not good for court's neutrality.The limitation on the amount of the subject matter of the case is different from that of the ordinary court,which is not conducive to the acceptance of the case.In addition,the form of the agreement is too rigid,only limited to written.Thirdly,the standard of transferring jurisdiction is not detailed enough,and the intention of the parties is not considered.Forth,there are few cooperative arbitration institutions,which are difficult to connect with the common international commercial arbitration institutions,and there are legislative deficiencies in the provisions of arbitration preservation and enforcement jurisdiction,which need to be improved.Therefore,considering the practice of Singapore and Dubai's International Commercial Court,this paper raises some advances to perfect the regulations of our country.The first is to improve the definition of the nature of the case,analyze the international factors from a more neutral point of view,clearly define the scope of commercial nature,and clarify the nature of the case.The second is to gradually abolish the provisions in the jurisdiction agreement that are actually related to China,abolish the limit on the amount of the subject matter,and provide for a more flexible way of agreement.The third is to refine the standard of transferring jurisdiction to let the parties have a more accurate expectation of the possibility of transferring jurisdiction,and gradually introduce the party's will,fully respect the party's autonomy in the choice of jurisdiction court.The forth is to increase the number of cooperative arbitration and mediation institutions,so that more international commercial arbitration and mediation cases can get more professional judicial support.It also clarifies the jurisdiction of cases applying for confirmation of the validity of arbitration agreement.The author hopes that through the above suggestions,the jurisdiction system of China's international commercial court can be more open and perfect,which can link up with the relevant provisions of international commercial arbitration and mediation,and further improve the competitiveness of the court in the field of international commercial dispute resolution.