Publication Type

Journal Article

Version

acceptedVersion

Publication Date

10-2019

Abstract

The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained by the differences in objectives. Whereas the SICC was created to compete for international judicial business and bolster Singapore as a leading dispute resolution hub, the CICC is presently designed to provide a legal safeguard in BRI disputes with Chinese elements. This article also identifies major challenges confronting the CICC and sets out proposals for change.

Keywords

private international law, international commercial courts, Belt and Road Initiative, China, Singapore, comparative law, dispute resolution

Discipline

Asian Studies | Commercial Law | Courts | International Law

Research Areas

Private Law

Publication

International and Comparative Law Quarterly

Volume

68

Issue

4

First Page

903

Last Page

942

ISSN

0020-5893

Identifier

10.1017/S0020589319000319

Publisher

Cambridge University Press

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1017/S0020589319000319

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