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On some issues, related to the economic disputes Considering by the China International Commercial Court

Iambaev Aleksei   (postgraduate, Baikal State University, Irkutsk)

The article is devoted to the consideration of organizational and procedural features of China International Commercial Court as a specialized judicial body for proceedings in economic disputes under the China’s Belt and Road Initiative. The author raises the question of the importance of special tools for proceedings within interstate integration associations; gives an experience of creating such a body in the People's Republic of China in the form of the International Commercial Court, represented by the two courts in the cities of Xi'an and Shenzhen. The article discusses the goals of the court under discussion and the features of its jurisdiction; shows the court’s procedural regulations provisions; describes the technological aspects of the administration of justice by the courts. The author also emphasizes the unification within the court structure judicial and alternative dispute settlement procedures, describing the practical issues of procedures’ implementation; refers to the details of a court-based ad hoc committee functioning as an advisory and mediating body; describes how the court chooses the correct applicable law. The author comes to the conclusion that there are both controversial and positive aspects in the peculiarities of the court’s operation, focusing on the justification and value of such a mechanism for resolving economic disputes in the context of the Belt and Road Initiative.

Keywords:arbitration; Supreme People's Court of the PRC; Second International Commercial Court in Xi'an; integration; mediation; international economic disputes; Belt and Road Initiative; First International Commercial Court in Shenzhen; «one-stop» application principle; judicial procedures; online court sessions.

 

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Citation link:
Iambaev A. On some issues, related to the economic disputes Considering by the China International Commercial Court // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2021. -№06. -С. 189-194 DOI 10.37882/2223-2974.2021.06.36
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