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Navigating the New Era: the emergence of China’s international commercial courts
Zhang, Wenliang1; Tu, Guangjian2
2024
Source PublicationAsia Pacific Law Review
ISSN1019-2557
Volume32Issue:1Pages:41-59
Abstract

Alongside China’s increasing efforts to update its legal regime facilitating the ‘One Belt and One Road Initiative’ and strengthening foreign-related rule of law, China’s Supreme People’s Court (SPC) and some lower courts are playing a vital role in modernizing international commercial litigation. The SPC, leading lower Chinese courts, has been zealous in reforming international commercial litigation, and piece-meal measures were adopted over the years. The most salient step is the establishment of international commercial courts (CICCs), accompanied by the use of such mechanisms as anti-suit injunctions, forum non conveniens, and de jure reciprocity favouring foreign judgments recognition in China. These judicial efforts and the expected moves alike will definitely contribute a lot to internationalization of China’s international civil procedure towards the global mainstream. However, the systemic deep judicial and legislative reforms are both needed for China’s international commercial litigation to go global and moreover, the process shall be conducted with an eye towards keeping it current and enhancing its relevance to the realities of today’s dispute resolution world.

KeywordAnti-suit Injunction Forum Non Conveniens International Commercial Court International Commercial Litigation Reciprocity
DOI10.1080/10192557.2023.2285527
URLView the original
Indexed BySSCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:001128442400001
PublisherTAYLOR & FRANCIS LTD2-4 PARK SQUARE, MILTON PARK, ABINGDON OR14 4RN, OXON, ENGLAND
Scopus ID2-s2.0-85178206725
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorTu, Guangjian
Affiliation1.Renmin University of China Law School, Beijing, China
2.Macau University Law School, Macao
Corresponding Author AffilicationUniversity of Macau
Recommended Citation
GB/T 7714
Zhang, Wenliang,Tu, Guangjian. Navigating the New Era: the emergence of China’s international commercial courts[J]. Asia Pacific Law Review, 2024, 32(1), 41-59.
APA Zhang, Wenliang., & Tu, Guangjian (2024). Navigating the New Era: the emergence of China’s international commercial courts. Asia Pacific Law Review, 32(1), 41-59.
MLA Zhang, Wenliang,et al."Navigating the New Era: the emergence of China’s international commercial courts".Asia Pacific Law Review 32.1(2024):41-59.
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