Challenges and Opportunities for the China International Commercial Court

International & Comparative Law Quarterly, 2019, Volume 68, Issue 4, pp. 869-902

31 Pages Posted: 26 Nov 2019

See all articles by Wei Cai

Wei Cai

Law School, Sun Yat-sen University

Andrew Godwin

Melbourne Law School

Date Written: November 3, 2019

Abstract

China has confirmed its ambition to join in the global competition for international business dispute resolution services by establishing the China International Commercial Court (CICC). The CICC has now started its operation following a judicial interpretation issued by the Supreme People’s Court. By examining the trial process of the CICC as set out by the Supreme People’s Court and comparing the rules with other international commercial courts, this article provides a detailed overview and critical analysis of the issues concerning cases brought to the CICC. Overall, compared with the approaches adopted by other international commercial courts, the approach adopted by the CICC is conservative. Without bold innovations to China’s existing judicial system, the competitiveness of the CICC is likely to be limited. This article argues that it is desirable for the Court to be more actively reformed. Such reforms might also promote judicial reform in China generally and increase China’s institutional competitiveness in the global business world. This article also aims to outline the challenges that parties (in particular those from overseas) may face in litigation before the CICC and provide the international community with a critical analysis of the operation and framework of the CICC.

Keywords: Private International Law, International Commercial Court, China, judges, jurisdiction, Belt and Road Initiative, international business dispute resolution services

JEL Classification: k20

Suggested Citation

Cai, Wei and Godwin, Andrew, Challenges and Opportunities for the China International Commercial Court (November 3, 2019). International & Comparative Law Quarterly, 2019, Volume 68, Issue 4, pp. 869-902, Available at SSRN: https://ssrn.com/abstract=3479860 or http://dx.doi.org/10.2139/ssrn.3479860

Wei Cai (Contact Author)

Law School, Sun Yat-sen University ( email )

No. 135 Xigangxi Road
Guangzhou, 510275
China
13826203731 (Phone)

Andrew Godwin

Melbourne Law School ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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