Research on Foreign-Related Commercial Dispute Settlement Mechanism of the Belt and Road Initiative

This paper examines the current mechanisms and challenges in resolving foreign-related commercial disputes under the Belt and Road Initiative (BRI). It begins with an overview of the existing dispute resolution mechanisms, including the China International Commercial Court (CICC) and the "One-Stop" platform, highlighting their roles and limitations. The study then explores the differences between domestic and international mediation enforcement systems, the obstacles faced by foreign arbitration institutions entering the Chinese market, and the jurisdictional and functional limitations of the CICC. Drawing lessons from the WTO and the Singapore Convention on Mediation, the paper proposes several improvements: establishing a national-level BRI International Commercial Mediation Center, developing a comprehensive online dispute resolution platform, and enhancing the training and integration of foreign-related legal talents. By implementing these recommendations, the BRI dispute resolution mechanism can become more effective, fair, and internationally credible, thus supporting the smooth progression of the BRI.

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Publication Details

Journal
Lecture Notes in Education Psychology and Public Media
Published
2024-09-10
DOI
https://doi.org/10.54254/2753-7048/65/2024mu0019
Primary Topic
Educational Reforms and Innovations
Type
article
Field-Weighted Citation Impact
0.00
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article

Research on Foreign-Related Commercial Dispute Settlement Mechanism of the Belt and Road Initiative

Jiayi Chen
Lecture Notes in Education Psychology and Public Media
Educational Reforms and Innovations
article

Research on Foreign-Related Commercial Dispute Settlement Mechanism of the Belt and Road Initiative

Jiayi Chen
article en

Abstract

This paper examines the current mechanisms and challenges in resolving foreign-related commercial disputes under the Belt and Road Initiative (BRI). It begins with an overview of the existing dispute resolution mechanisms, including the China International Commercial Court (CICC) and the "One-Stop" platform, highlighting their roles and limitations. The study then explores the differences between domestic and international mediation enforcement systems, the obstacles faced by foreign arbitration institutions entering the Chinese market, and the jurisdictional and functional limitations of the CICC. Drawing lessons from the WTO and the Singapore Convention on Mediation, the paper proposes several improvements: establishing a national-level BRI International Commercial Mediation Center, developing a comprehensive online dispute resolution platform, and enhancing the training and integration of foreign-related legal talents. By implementing these recommendations, the BRI dispute resolution mechanism can become more effective, fair, and internationally credible, thus supporting the smooth progression of the BRI.

Lecture Notes in Education Psychology and Public MediaVol. 65(1)
Fujian Agriculture and Forestry University (CN)
Openalex Percentile: Top 79%
Educational Reforms and Innovations
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