Conservative Innovation: The Ambiguities of the China International Commercial Court

In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China's legal history. The CICC aims to become a dispute resolution “one stop shop” (combining litigation, arbitration, and me...

Full description

Saved in:
Bibliographic Details
Published in:AJIL unbound 2021, Vol.115, p.17-21
Main Authors: Chaisse, Julien, Qian, Xu
Format: Article
Language:English
Subjects:
Arbitration
Attorneys
Commercial law
Consent
Enforcement
Innovations
International law
Jurisdiction
Litigation
Mediation
Sanitation services
Transnationalism
Citations: Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China's legal history. The CICC aims to become a dispute resolution “one stop shop” (combining litigation, arbitration, and mediation) for Belt and Road Initiative (BRI) related disputes. Despite its name and ambition, however, the CICC operates more like a domestic court. The CICC's stringent jurisdictional requirements and conservative institutional design show that the CICC cannot serve its stated objective of attracting new investment opportunities or foreign parties to the Chinese forum. These defects are not fatal but will have to be addressed for the CICC to reach its full potential of hybridization of litigation and arbitration both in and beyond China.
ISSN:2398-7723
2398-7723
DOI:10.1017/aju.2020.81