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Effective or symbolic? A retrospective look at the performance of the China International Commercial Court
Moreira, João Ilhão; Lin, Si
2024-07
Source PublicationAsia Pacific Law Review
ISSN1019-2557
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.

KeywordCommercial Courts Dispute Resolution China International Commercial Court Chinese Judiciary
DOI10.1080/10192557.2024.2385899
URLView the original
Indexed BySSCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:001285282900001
PublisherTAYLOR & FRANCIS LTD, 2-4 PARK SQUARE, MILTON PARK, ABINGDON OR14 4RN, OXON, ENGLAND
Scopus ID2-s2.0-85200514538
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Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorMoreira, João Ilhão
AffiliationFaculty of Law, University of Macau, Taipa, E32, Avenida da Universidade, Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty 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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