中國國際商事法庭的挑戰及未來

Abstract

Establishment of international commercial courts has become a worldwide trend in the past few decades in both common law and civil law jurisdictions. Judicial institutions exclusively designed for cross-border commercial dispute resolution have been created with different names and designs. This not only breaks traditional dichotomy between international arbitration and litigation as exclusive and parallel dispute resolution providers, but also introduce new and plural dynamics to both international and domestic jurisprudence.

This thesis starts from discussion of the rationale behind the creation of China International Commercial Court (CICC). After exploration of the motivations behind the creation of the CICC, this thesis evaluates its operation for the past few years since its establishment and gauge the gap between expectations and its operational performance. On the one hand, it is proposed that the CICC faces challenges shared with other modern international commercial courts in terms of jurisdiction and judgment enforceability. Furthermore, it also endures comparative disadvantages and inherent constraints, which renders critical challenges to its competitiveness and attractiveness. On the other hand, the establishment of the CICC and other international commercial courts greatly affects the landscape of international commercial dispute resolution, and further enhances integration process by creating new dynamics between litigation and arbitration, common law and civil law system, as well as building a new platform for international communications among judiciaries.

The future prospect of China International Commercial Court depends on whether it can tackle the present dilemma and break the aforementioned constraints. Positive interactions with local international commercial courts and formation of Chinese international court system is proposed as a choice to achieve its goals. Vitality arising out of local competition and further promotion of reform and openness would be of great value to future development of cross-border dispute resolution.

This thesis also provides suggestions and recommendations for future improvements of international commercial courts to face challenges in caseload and cross-border enforcement. New balance should be explored between public order and party autonomy in future designs for international commercial courts.

Date of Award	20 Sept 2024
Original language	English (Ghana)
Awarding Institution	City University of Hong Kong
Supervisor	Julien Laurent CHAISSE (Supervisor)