Overview of the China International Commercial Courts

By Evelyn Ma

CaptureThis post attempts to consolidate blog posts relating to the recent establishment of the two new international commercial courts in China (CICC) aimed at facilitating resolution of disputes arising from China’s One Belt One Road or Belt and Road Initiative.  The Supreme People’s Court of China’s “Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court” took effect on July 1, 2018.  The Provisions set out the scope and operation of the two CICCs: one in Xian, and the other in Shenzhen.  The CICC in Shenzhen will focus on “One Belt” disputes arising from infrastructural developments along the coastline of the maritime routes.  The CICC in Xian will address “One Road” disputes arising from projects on land. The new courts will house mediation, arbitration and litigation under the same roof.  They intend to deal primarily with “international commercial cases” where at least one party is a non-Chinese national or resident, or where the dispute has some minimal contact with a foreign country other than China.[1]

For the legal framework creating the two CICC courts, see here.

For an overview of the jurisdiction of the courts, see here, here and here.

For the development and viability of the courts as an alternative forum for international arbitration, see here and here.

For profiles of the judges, see here.

For observations on the functioning of the Expert Committee, see here.

In addition to 18 model (or “typical”) BRI infrastructure cases, the official website includes selections of summaries of additional “typical” arbitration cases involving a non-Chinese party.  One can also search in the cases module of PKUlaw (ChinaLawInfo) for more comprehensive search results of arbitration cases involving a foreign party. However, most do not come with English translations.

[1] Under Article 3 of the Provisions, an “international commercial case” is one which requires at least one of the following: one or both parties are foreign nationals; one or both parties reside outside of China; or the object of suit or legal facts that create, change or terminate the commercial relationship occur or occurred outside of China.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s