On September 9, 2024, the Supreme People's Court held a press conference to release the Annual Report of the Supreme People's Court on Judicial Review of Commercial Arbitration (2023) and answer questions from reporters. Wang Shumei, deputy ministerial-level full-time member of the Adjudication Committee of the Supreme People's Court, Yang Xiangbin, director of the Public Legal Services Administration of the Ministry of Justice, Shen Hongyu, president of the Fourth Civil Division of the Supreme People's Court, and Hu Fang, vice president of the Fourth Civil Division of the Supreme People's Court, attended the press conference, which was presided over by Lin Wenxue, spokesperson of the Supreme People's Court.
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As an important part of the foreign-related rule of law and business environment, the important role of international arbitration in serving the high-quality development of the economy and society is becoming increasingly prominent.
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The Supreme People's Court fully implemented the spirit of the 20th National Congress of the Communist Party of China and the 2nd and 3rd Plenary Sessions of the 20th CPC Central Committee, thoroughly studied and implemented Xi Jinping Thought on the Rule of Law, improved the judicial review system for commercial arbitration, and actively supported the pilot work of the establishment of an international commercial arbitration center, mainly in the following aspects:
The first is to give full play to the functional role of judicial support and supervision of arbitration. The Supreme People's Court has improved the centralized handling mechanism for judicial review of arbitration through the issuance of judicial interpretations and normative documents, and standardized the reporting procedures and reporting mechanisms for judicial review of arbitration cases; Publish special guiding cases, typical cases, annual reports, etc., on judicial review of arbitration, strengthen guidance to lower levels, and promote the uniform application of law; At the end of 2021, the Minutes of the National Symposium on Foreign-Related Commercial and Maritime Trial Work of Courts were issued, clarifying 22 rules for judicial review of arbitration, providing guidance for difficult issues related to trial practice, and effectively improving the quality and efficiency of the handling of judicial review cases in arbitration.
The second is to improve the "one-stop" diversified resolution mechanism for international commercial disputes. The Supreme People's Court has established a "one-stop" diversified international commercial dispute resolution mechanism, and has identified 10 international commercial arbitration institutions and two international commercial mediation institutions, including the China International Economic and Trade Arbitration Commission and the Hong Kong International Arbitration Centre, to join the "one-stop" diversified international commercial dispute resolution mechanism in two batches. The "one-stop" platform, which was iteratively upgraded in March this year, has realized online docking and handling in various ways such as early neutral assessment, litigation and arbitration, and mediation. Up to now, 9 of the international commercial cases accepted by the International Commercial Court of the Supreme People's Court are international arbitration judicial review cases. The International Commercial Court directly handles some major and complex arbitration judicial review cases, which greatly improves the efficiency of dispute resolution while establishing and unifying the adjudication rules.
The third is to support the innovation of the arbitration system in the pilot areas in accordance with the law. The Supreme People's Court has successively issued judicial policy documents on service protection for the "Belt and Road", the Pilot Free Trade Zone, the Hainan Free Trade Port, and the construction of Beijing's "Two Zones", supported the establishment of a joint arbitration mechanism between domestic arbitration institutions and overseas arbitration institutions, supported the exploration of the introduction of well-known international commercial arbitration institutions at home and abroad in the Pilot Free Trade Zone and the Hainan Free Trade Port, and explored the "three specifics" (arbitration of relevant disputes by specific persons in a specific place, in accordance with specific arbitration rules, and by specific persons) in accordance with the law. Support overseas arbitration institutions to set up branches in pilot free trade zones and free trade ports to carry out arbitration business, and build a first-class international commercial dispute resolution center. For example, in June this year, the Shanghai High People's Court issued the Provisions on the Centralized Jurisdiction of Arbitration and Judicial Cases Involving the "Three Specified" Ad Hoc Arbitration and "Overseas Arbitration Business Institutions", which will enhance the standardization and uniformity of the handling procedures and application of law for new types of international arbitration judicial cases, and promote the construction of Shanghai as an international commercial arbitration center.
Fourth, build consensus and form a joint work force. The Supreme People's Court and the Ministry of Justice have established a working exchange and consultation mechanism, making it clear that they will jointly strengthen support and supervision for arbitration work, effectively enhance the credibility of arbitration, and make arrangements for supporting the construction of international commercial arbitration centers and actively building a dispute resolution mechanism that effectively connects arbitration, mediation and litigation. At the beginning of July this year, the Supreme People's Court and the Ministry of Justice jointly held the first training session, in which judicial review judges, arbitrators and personnel of arbitration institutions participated in the training to enhance communication and promote the uniform application of law.
In the next step, the Supreme People's Court will earnestly implement the major decisions and arrangements of the Third Plenary Session of the 20th Central Committee of the Communist Party of China on strengthening the construction of foreign-related rule of law, improve the judicial review mechanism for arbitration, promote the innovation of maritime arbitration system and rules, support the international development of arbitration, and help the mainland become a new destination for international commercial arbitration facing the world.
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As mentioned earlier, the Supreme People's Court's "one-stop" diversified international commercial dispute resolution platform will be upgraded in 2024.
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The "one-stop" platform is an online service platform set up by the International Commercial Court of the Supreme People's Court on its official website. On December 29, 2023, the Supreme People's Court issued the Guidelines for the Work of a "One-Stop" Diversified Platform for Resolving International Commercial Disputes (for Trial Implementation), which realizes the iterative upgrade of the "one-stop" information platform with smooth system docking, efficient mechanism connection and standardized process design. On March 31, 2024, the upgraded version of the "one-stop" platform was officially launched. The upgraded 'one-stop' platform has the following two advantages.
The first is to realize the organic integration of multiple dispute resolution. The new "one-stop" platform includes four functional modules: mediation services, arbitration services, litigation services, and auxiliary services (such as neutral assessment + case scheduling), which are connected to the website of the International Commercial Court of the Supreme People's Court, the litigation service network, the online preservation system, the mediation platform, the unified Internet identity authentication system of the people's courts, the case-handling platform of the Supreme People's Court, and the members of international commercial experts, as well as being included in the "one-stop" There are 10 international commercial arbitration institutions and 2 international commercial mediation institutions with diversified international commercial dispute resolution mechanisms. After logging in, the parties can choose diversified dispute resolution methods and corresponding institutions such as neutral assessment, mediation, arbitration or litigation according to their actual needs. For example, the parties can choose the neutral assessment function in the "Ancillary Services" of the platform, and apply for the international commercial expert committee to provide professional assessment opinions according to the circumstances of the case, so that the parties can obtain sufficient information to judge the possible outcome and choose the most suitable dispute resolution method. The "Arbitration Service" module can be directly reviewed and filed by arbitration institutions. Through the "Mediation Service" module, you can apply for online mediation by a mediation institution or an international commercial expert committee. The upgrading and transformation of the platform helps to improve the efficiency of dispute resolution, and also greatly reduces the time and economic cost of dispute resolution.
The second is to realize the efficient connection of multiple dispute resolution. The "one-stop" platform can be switched between different platforms under the 4 functional modules to provide convenient and efficient services for the parties. For example, the arbitration preservation service process of the 'one-stop' platform. Previously, the application for arbitration preservation required the arbitration institution and the parties to submit the relevant materials to the people's court by post or on-site service, which was a time-consuming and laborious process. Now, arbitration institutions accepting arbitration cases can forward them through the platform, which improves the convenience of submission and review of documents and materials, improves the speed of arbitration preservation, and effectively improves the efficiency and attractiveness of arbitration. In March this year, the First International Commercial Court of the Supreme People's Court concluded a case of application for revocation of a foreign-related arbitral award with a subject amount of RMB 1 billion. After the ruling was made, the ruling was directly sent to the arbitration commission through the "one-stop" platform, which fully reflects the organic connection and efficient connection between the arbitration judicial review process of the people's court and the arbitration institution, and also changes the problem that the arbitration institution cannot obtain the judgment of the people's court after the case is completed in the past. The above-mentioned measures strongly support the parties in choosing arbitration, optimize and improve the connection mechanism between arbitration and the judiciary, and reflect the clear position of the people's courts to support and ensure the healthy development of arbitration.
In the future, the Supreme People's Court will further enrich the application scenarios of the "one-stop" platform, strengthen the construction of functions, improve the automation and intelligence level of the platform process and dispute resolution auxiliary functions, and strive to build a preferred place for parties to international commercial disputes to resolve disputes.
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In 2022, the Central Committee for Comprehensive Rule of Law deployed and launched the pilot work of the construction of the International Commercial Arbitration Center.
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In July 2022, the Central Committee for Comprehensive Rule of Law issued the "Pilot Plan for the Construction of International Commercial Arbitration Centers", which deployed the pilot projects for the construction of international commercial arbitration centers in Beijing, Shanghai, Guangzhou, Shenzhen and Hainan provinces in Guangdong Province, and deployed 27 tasks from six aspects, including strengthening the party's overall leadership, building a world-class arbitration institution, and strengthening legal and policy support, with the goal of building the mainland into a new destination for international commercial arbitration facing the world, and clarifying that the pilot tasks will be basically completed by 2025The international commercial arbitration center facing the world has begun to take shape.
The Ministry of Justice conscientiously implemented the deployment requirements of the "Pilot Program", effectively strengthened the overall planning of work, and guided the pilot areas to take effective measures to promote the implementation of the pilot work tasks: First, together with the Secretariat of the Central Office for the Rule of Law, organized and held a meeting in Shanghai to promote the pilot work of the construction of the International Commercial Arbitration Center, summarize and exchange the progress of the work in each pilot area, and make arrangements for the next step. The second is to set up an expert committee for the construction of the International Commercial Arbitration Center to provide think tank support for the pilot work. The third is to organize and carry out special research on the construction of international commercial arbitration centers, formulate evaluation standards for pilot work, and carry out mid-term evaluations of each pilot area.
According to statistics, in 2023, 8 arbitration institutions in the pilot area will handle a total of 79,000 cases, with a target amount of 600 billion yuan, accounting for 52% of the total amount of the national target; The number of foreign-related cases handled accounts for 72% of the total number of foreign-related cases in the country, and the amount of foreign-related subjects accounts for 69% of the total number of foreign-related subjects in the country. According to internationally renowned research reports, Beijing and Shanghai are among the most popular arbitration venues in the world, and the China International Economic and Trade Arbitration Commission, the Beijing Arbitration Commission and the Shenzhen Court of International Arbitration have become among the world's leading arbitration institutions. The pilot work has already achieved phased results.
In the next step, the Ministry of Justice will continue to follow the requirements of the deployment tasks of the "Pilot Program", combine the mid-term assessment, adhere to the problem-orientation, further strengthen the overall guidance of work, increase the intensity of reform and innovation, accelerate the implementation of the tasks of the "Pilot Program", and ensure that the pilot work is completed as scheduled.
Transferred from: Supreme People's Court
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