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China Maritime Arbitration Commission incorporated into the "one-stop" Multi Dispute Resolution Mechanism of International Commercial Disputes of the Supreme People's Court

Source:China Maritime Arbitration Commission Time:2018-12-05 16:56:34

On the afternoon of December 5, 2018, the Supreme People's Court held "Symposium on diversified dispute resolution mechanisms for international commercial disputes" in Beijing. At the same time, the notice on determining the first batch of international commercial arbitration institutions and mediation institutions to be included in the "one-stop" Diversified Dispute Resolution Mechanism of International Commercial Disputes was issued at the meeting. Five well-known domestic arbitration institutions such as China Maritime Arbitration Commission (CMAC) were officially included in the "one-stop" diversified dispute resolution mechanism of international commercial disputes.

Zhang Yongjian, President of the Fourth Civil trial Division of the Supreme People's Court (hereinafter referred to as "the Fourth Civil Division"), presided over the meeting. Wang Shumei, Vice President of the Fourth Civil Division, read out the notice of the general office of the Supreme People's Court on determining the first batch of International Commercial Arbitration and Mediation Institutions included in the "one-stop" Diversified Settlement Mechanism of International Commercial Disputes, Gao Xiaoli, Vice President of the Fourth Civil Court, introduced the drafting background and main contents of the working rules of the international commercial Expert Committee of the Supreme People's Court (for Trial Implementation) and the procedural rules of the International Commercial Court of the Supreme People's Court (for Trial Implementation) (hereinafter referred to as the "Procedural Rules"). Judges of the International Commercial Court, members of the International Commercial Expert Committee and heads of relevant International Commercial Arbitration Institutions and Mediation Institutions attended the Symposium and made speeches. According to the Procedural Rules, if a party applies for preservation in accordance with paragraph 1 of Article 14 of the provisions of the Supreme People's Court on Several Issues concerning the establishment of an International Commercial Court (hereinafter referred to as the provisions) in respect of an international commercial case with a subject amount of more than 300 million yuan or other international commercial cases with significant impact accepted by CMAC, CMAC shall submit the application of the parties to the International Commercial Court in accordance with the Civil Procedure Law, Arbitration Law and other legal provisions. After the award is made, the parties in such cases may apply to the International Commercial Court for enforcement or cancellation of the arbitral award in accordance with paragraph 2 of Article 14 of the provisions. Dr. Chen Bo, Deputy Secretary General of CMAC, was invited to attend the symposium. She said that CMAC has adhered to innovation in diversified dispute resolution services and accumulated a lot of experience. In the Arbitration Rules, CMAC has stipulated the mediation in arbitration and the characteristic practice of mediation + arbitration, and creatively designed the "invitation for mediation" procedure in the Mediation Rules issued in 2018; In addition, CMAC has successively cooperated with the maritime safety administration and the fishery command center of the Ministry of Agriculture to replace administrative mediation with expert mediation. At the same time, it has also created an entrusted mediation mechanism with industry demonstration effect. It has successively signed entrusted mediation agreements with Shanghai and Guangzhou Maritime Courts, and the mediation success rate has exceeded 60%. As for how the arbitration institution should be connected with the International Commercial Court, she suggested that the entrusted mediation mechanism can be fully used for reference. If the mediation is successful, the parties can reach an arbitration agreement and the arbitration institution can directly issue a mediation statement or settlement award. The experience of Dubai International Commercial Court can be used for reference to convert the judgment into an arbitral award in order to obtain extraterritorial enforceability. Finally, she said that CMAC is willing to give full play to its expert and international advantages and do its best to cooperate with the work of the international commercial court. Luo Dongchuan, Vice President of the Supreme People's Court, attended the meeting and made a concluding speech. He pointed out that One Belt, One Road, is the establishment of an International Commercial Court, the establishment of an International Business Committee of experts, and the establishment of an international commercial dispute settlement platform that integrates litigation, mediation and arbitration. It forms a "one-stop" International Commercial Dispute Resolution Mechanism which is convenient, fast and low cost. It is a major move for the Supreme People's court to serve the "one belt and one road" construction, and it is also a way to create a rule of law. International and convenient business environment has important practical significance and far-reaching historical impact. He stressed that judges of the International Commercial Court, members of the international Commercial Expert Committee and relevant international commercial arbitration and mediation institutions should fully understand the great significance of building a "one-stop" diversified settlement mechanism for international commercial disputes, accelerate the establishment and improvement of the international commercial case hearing mechanism, vigorously do a good job in publicity and promotion, and further strengthen the construction of smart courts, One Belt, One Road, one another, is to deepen mutual exchanges and cooperation, give full play to their respective advantages, and work hard to form a joint effort to work together to deepen the work of the international commercial tribunal and provide services and guarantees for the One Belt, One Road construction. As China's only One Belt One Road maritime arbitration organization, whether in the past, in the process of reform and opening up, foreign trade development, or in the future "Along the Road", "Maritime Silk Road", "Transport Power" and "Maritime Power", China's Central Asian business is helping China's international business environment. The unique and important value and role of safeguarding the legitimate rights and interests of Chinese and foreign parties cannot be replaced by other arbitration institutions. After being incorporated into the "one-stop" Diversified Dispute Resolution Mechanism for International Commercial Disputes, China maritime arbitration will continue to expand its public legal service function, actively make use of the expert advantages of domestic and foreign arbitrators of CMAC, actively serve the construction of International Commercial Courts and maritime justice centers, and attract more parties to arbitrate in China, strive to build China into an International Maritime Arbitration Center, the "preferred place" for the settlement of shipping disputes and the "source" for the innovation of maritime arbitration rules.


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