CHINA INTERNATIONAL COMMERCIAL COURT (CICC): INNOVATION AND PRACTICE OF DIVERSIFIED DISPUTE RESOLUTION MECHANISM

2021 ◽  
Vol 17 (4) ◽  
pp. 230-239
Author(s):  
YUE QIANG ◽  
◽  
HAN MIN

The China International Commercial Court (CICC), as a permanent adjudication organ of the Supreme People's Court of China, has built an innovative diversified dispute resolution mechanism on the existing platform. Since its establishment, CICC has been operating steadily and is poised to become a global commercial dispute resolution platform. On this ground, this article suggests that the expert committee mechanism and the information technology application of the «one-stop» platform should be further improved, and the use of diversified dispute resolution should be emphasized to promote the ultimate realization of the results of dispute resolution within the CICC, and ultimately enhancing the credibility and influence of the CICC, so as to build strong brand recognition of the CICC under the momentous changes unseen in a century.

2020 ◽  
Vol 8 (1) ◽  
pp. 40-44
Author(s):  
Long Fei

Abstract This article introduces several innovative features of the China International Commercial Court, including a composition of only senior judges, the International Commercial Expert Committee, first-instance-as-final jurisdiction, a ‘one-stop’ dispute resolution platform, flexibility in finding foreign laws, and the use of cutting-edge information technology. 


2020 ◽  
Vol 8 (1) ◽  
pp. 45-54
Author(s):  
Xiangzhuang Sun

Abstract This article critically reviews the establishment and operation of the China International Commercial Court (CICC) from an insider’s perspective. It offers a detailed introduction to a few of the innovative measures of the CICC, including the International Commercial Expert Committee, the ‘one-stop’ forum for a dispute settlement mechanism integrating litigation, mediation, and arbitration, more convenient litigation procedures, and the use of advanced technology in dispute resolution. More importantly, it candidly discusses the challenges facing the CICC and makes several recommendations for its improvement towards more professionalism and internationalization.


2019 ◽  
Vol 18 (4) ◽  
pp. 933-980
Author(s):  
Qisheng He

Abstract This paper contains materials reflecting the practice of Chinese practice in private international law in 2018. First, the statistics of the foreign-related civil or commercial cases decided by Chinese courts is extracted from the Report on the Work of the Supreme People’s Court (SPC) in 2018. Second, the SPC judicial interpretation concerning the enforcement of arbitral awards is translated, and the interpretation reflects a pro-arbitration tendency in Chinese courts. Third, six cases, on the validity of a choice of court clause, the conflict of laws issues regarding personal injury on the high seas, visitation rights and uncontested divorces, as well as the recognition of foreign judgments, are noted. Fourth, the paper introduces a case embodying the “one-stop” international commercial dispute resolution mechanism in Chinese courts. Finally, the paper also covers six representative decisions regarding the parties’ status, the presumption of the parties’ intention as to choice of law, and the validity of arbitration agreements.


Author(s):  
Vu Kha Thap

Entering the XXI century and especially in the period of the industrial revolution has entered the era of IT with the knowledge economy in the trend of globalization. The 4.0 mankind development of ICT, especially the Internet has had a strong impact and make changes to all activities profound social life of every country in the world. Through surveys in six high School, interviewed 85 managers and teachers on the status of the management of information technology application in teaching, author of the article used the SWOT method to distribute surface strength, weaknesses, opportunities and challenges from which to export 7 management measures consistent with reality. 7 measures have been conducting trials and the results showed that 07 measures of necessary and feasible.


2020 ◽  
Vol 10 (2) ◽  
pp. 381
Author(s):  
Mary Ismowati ◽  
Ahmad Hidayat Rahadian ◽  
Muhammad Ali Massyhury ◽  
Muhammad Rafi Suryadi

The aim of the study was to obtain a formulation of the implementation of the One-Stop Services Policy (PTSP) in the North Jakarta Administrative City, namely the implementation of Perda No. 12 of 2013, and the Implementation of Presidential Regulation No. 91 of 2017 concerning the acceleration of ease of doing business through the implementation of an information technology-based licensing system (OSS). The research method used a qualitative approach by conducting interviews with a number of informants to determine the conditions and phenomena of the implementation of PTSP policies in North Jakarta. The research involved two research members from students in the framework of thesis research. The results of the research show that implementers have understood their duties and functions, but in the smooth running of their duties, they are constrained by a lack of human resources both in quantity and quality, support for information technology equipment that is not up to date, including the availability of information technology personnel at the district and sub-district levels. Then the OSS policy according to PP No. 24/2018 has not been fully effective, because it has not been fully integrated with the existing licensing system in PM-PTSP DKI Jakarta, namely JakEVO. The main obstacle to policy implementation, namely in terms of human resources, employee status has not been transferred to functional positions so that it affects career ranks and motivation. In addition, there is no HR competency standard for services, for online system services are not implemented according to target. The solution to overcome the obstacles conceptually has not been done.


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