Residential College | false |
Status | 已發表Published |
Effective or symbolic? A retrospective look at the performance of the China International Commercial Court | |
Moreira, João Ilhão; Lin, Si | |
2024-07 | |
Source Publication | Asia Pacific Law Review |
ISSN | 1019-2557 |
Abstract |
In recent years, numerous international commercial courts have been established to align dispute resolution mechanisms with the needs of international commerce. In June 2018, China entered this arena with the creation of the China International Commercial Court (CICC), a court specifically designed to facilitate international commercial dispute resolution and, in particular, solve disputes emerging from the One Belt One Road Initiative (BRI). However, the CICC has been less innovative than other international commercial courts. It has limited jurisdiction and relatively few international and arbitration-like features. Against this background, at the time of its creation, significant questions arose regarding the role the CICC would play within the dispute resolution market. This article considers the performance of the CICC over its first five years and empirically evaluates its performance compared to other commercial courts. An examination of the number of cases and their characteristics reveals that the international appeal of the CICC as a dispute resolution venue has been limited. Nevertheless, this article argues that the CICC can play a role in bolstering the ability of the Chinese legal system to address foreign-related disputes - namely, by producing guiding case law for situations that may come before the lower courts and by providing an institutional model that can be replicated at lower levels of the Chinese court structure. |
Keyword | Commercial Courts Dispute Resolution China International Commercial Court Chinese Judiciary |
DOI | 10.1080/10192557.2024.2385899 |
URL | View the original |
Indexed By | SSCI |
Language | 英語English |
WOS Research Area | Government & Law |
WOS Subject | Law |
WOS ID | WOS:001285282900001 |
Publisher | TAYLOR & FRANCIS LTD, 2-4 PARK SQUARE, MILTON PARK, ABINGDON OR14 4RN, OXON, ENGLAND |
Scopus ID | 2-s2.0-85200514538 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | Faculty of Law DEPARTMENT OF MACAO LEGAL STUDIES |
Corresponding Author | Moreira, João Ilhão |
Affiliation | Faculty of Law, University of Macau, Taipa, E32, Avenida da Universidade, Macao |
First Author Affilication | Faculty of Law |
Corresponding Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Moreira, João Ilhão,Lin, Si. Effective or symbolic? A retrospective look at the performance of the China International Commercial Court[J]. Asia Pacific Law Review, 2024. |
APA | Moreira, João Ilhão., & Lin, Si (2024). Effective or symbolic? A retrospective look at the performance of the China International Commercial Court. Asia Pacific Law Review. |
MLA | Moreira, João Ilhão,et al."Effective or symbolic? A retrospective look at the performance of the China International Commercial Court".Asia Pacific Law Review (2024). |
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