On the eve of the "Two Sessions" in 2021，Suggestion from National People’s Congress Representative Xu Lirong，Inject more “Chinese elements” into the handling of global shipping and trade disputes。China wants to transform from a major shipping country、A maritime power becomes a shipping power、Transformation into a maritime power，We must continue to increase our say in rule-making nj bet365 shipping and maritime fields、The influence of commercial dispute resolution。

　The nj bet365 “moves eastward”

Our country is a big maritime country，It is also a major shipping and shipbuilding country。2020，About 95% of my country’s nj bet365 trade in goods is completed by sea transportation。my country’s maritime fleet ranks second in the world in terms of capacity。Among the top 10 global ports in terms of cargo throughput，China ports occupy 8 seats；Among the top 10 ports by container throughput，China holds 7 seats。

Since its first global launch in 2014，The "Xinhua·Baltic nj bet365 Development Index" has gradually become a "wind vane" recognized by the industry，Witnessed the development and changes of major shipping centers。2021，The top 10 comprehensive strength of global shipping center cities are Singapore、London、Shanghai、Hong Kong、Dubai、Rotterdam、Hamburger、Athens Piraeus、New York New Jersey、Ningbo Zhoushan，The eastward shift of the nj bet365 has become an indisputable fact。With the ebb and flow of strength，The traditional pattern of Europe and the United States dominating global shipping rules is being broken，Asian countries are more actively participating in the formulation of international rules。The increase in transactions will inevitably bring more disputes。Based on cost、Understanding of efficiency and culture，The ideal approach is undoubtedly to resolve disputes within the region where the transaction takes place。China has ushered in a historic development opportunity in the field of maritime dispute resolution。

　　“3 90% phenomena”

The process of resolving international commercial disputes is the specific practice process of international economic and trade rules，He keeps repeating it、Explanation、The process of implementing and adjusting international trade rules。With the eastward shift of the nj bet365 and the increase in comprehensive national strength，It has gradually become a consensus among all walks of life that China should do more in the field of global maritime dispute resolution。

"Rule of Law Daily" pointed out，“Three 90% phenomena” are common in the settlement of foreign-related disputes among Chinese enterprises，That is, “foreign-related commercial contracts signed by more than 90% of Chinese enterprises，They all choose nj bet365 commercial arbitration as their dispute resolution method。In choosing the dispute resolution clause of nj bet365 commercial arbitration，90% of the clauses choose foreign arbitration institutions。Once a dispute arises between both parties，More than 90% of Chinese companies have lost in nj bet365 commercial arbitration”。This aspect reflects that my country’s judicial and arbitration credibility needs to be further improved，On the other hand, it also reflects that the negotiating position of Chinese-funded enterprises is still weak and they have not well grasped the rules of the nj bet365 commercial game。Member of the nj bet365 Commercial Expert Committee of the Supreme People’s Court、Mr. Yang Liangyi, Honorary Chairman of the Hong Kong nj bet365 Arbitration Center, has been calling for，We should fully understand nj bet365 commercial rules，“The nj bet365 business society has formed a complete set of game rules over hundreds of years，Differences from our domestic rules，If companies don’t understand it, they will easily be punished for violating the rules，Even pay a high price"。

　nj bet365 Maritime Dispute Resolution Center

"2021 nj bet365 Arbitration Survey Report" states，90% of respondents think，nj bet365 arbitration is the preferred method of cross-border dispute resolution。For enterprises，Convenience of commercial dispute resolution mechanism、Predictability and fairness are critical。London is the city with the largest number of arbitration cases in the world，Occupies more than 80% of the global maritime arbitration market，The main reasons for its success include: sufficient legislative protection；Dispute resolution procedures are flexible；Remain neutral in resolving nj bet365 disputes；The dispute resolution process is highly confidential；Enforce party autonomy in working language and legal application；When dealing with major and complex cases，Practitioners are highly professional；With sufficient judicial protection；Provide satisfactory venues and guarantee services, etc.。

Britain’s “Brexit” has been considered by some countries as a good opportunity to develop nj bet365 maritime arbitration。However，Past years，London continues to lead global maritime arbitration。Take 2020 as an example，London Maritime Arbitrators Association (LMAA) members receive 3,010 appointments – more than in any year since 2015。"Brexit" will have basically no impact on British law and the UK's position in the field of nj bet365 arbitration and commercial dispute resolution。

Professor Si Yuzhuo, former president of Dalian Maritime University, pointed out that “the nj bet365 arbitration center was not built，It is a "viewpoint" formed，Considers the need to build an nj bet365 commercial arbitration center，In addition to meeting the hardware standards，We must pay great attention to software support。This view has aroused widespread resonance from all walks of life。The "2021 nj bet365 Arbitration Survey Report" shows，Main arbitration centers in Asia have grown in popularity。In terms of the most popular places of arbitration，Singapore and London share first place，Hong Kong ranks third。The reasons for the success of the Singapore nj bet365 Arbitration Center include: unique geographical location and excellent business environment、An arbitration legal framework that is in line with the world and keeps pace with the times、Professional and supportive judicial institution、Preferential treatment for arbitration professionals、First-class legal infrastructure, etc.。In supporting the development of arbitration，Singapore spares no effort。Except for visa、In addition to introducing preferential measures in taxation and other aspects，We also offer preferential rents to attract overseas institutions to settle in。The "Secretary's Blog" of the Hong Kong Department of Justice pointed out，Hong Kong can become an nj bet365 legal hub，It is built on a strong foundation，Including a stable business environment、Free circulation of funds、Low tax rate and simple tax system，The most important thing is a sound legal system。In addition，The Hong Kong SAR government has also allocated some places，For more than 20 local locations、For use by regional and nj bet365 law-related organizations，Becoming an nj bet365 legal hub in Hong Kong’s commercial center。The above experience shows that，Policy guidance and support are important factors in achieving rapid development and “overtaking on corners”。

　　Inject more “Chinese elements” into global nj bet365 dispute resolution

One of the purposes of injecting more “Chinese elements” into global maritime dispute resolution is to seek a greater say in rules。China should transform “hard power” into influence and voice，Promote nj bet365 to be more equitable、Reasonable direction of development。

First, jurisdiction must be exercised in accordance with the law，Actively promote the development of nj bet365。The formulation of international rules is the result of international games，It is the politics of various countries、Economy、Reflection of comprehensive diplomatic strength。In terms of formulating new international rules，China should actively participate，Strive to speak out，Resolutely safeguard China’s interests。When the rules have been formed or come into effect，It is not easy to tear down and start over，It may not be in China’s interests。China has the most maritime judicial institutions in the world、The country with the largest number of maritime cases，Can affect the interpretation and application of international treaties through case hearings，Promote the formation and development of international customs and basic principles of international law，Even fill the legal gaps in the field of international law。

The second is to improve the domestic legal system，Increase the probability of its application in foreign-related cases。Currently，Revisions of the Maritime Law and Arbitration Law have been included in the legislative plan of the Standing Committee of the Thirteenth National People’s Congress。China should take advantage of the opportunity to amend the law，Insist on being in line with nj bet365 standards，Actively respond to the development of practice，Enhancing attraction to foreign parties，Increase the probability of applying Chinese law in the settlement of foreign-related disputes。Specifically，In the field of liner shipping where negotiation power is seriously imbalanced，Consideration should be made to add provisions on the mandatory application of Chinese law。In the field of chartering with freedom of contract，Relevant enterprises should be encouraged、Association、The Chamber of Commerce and others have introduced laws that include adaptation to China、Standard Contract for Litigation or Arbitration in China。Also，Considering the unique role of ad hoc arbitration in the resolution of disputes in shipping and other industries，Consideration should be given to adding corresponding provisions when amending the Arbitration Law，Give the parties greater freedom and choice。

The third is to continuously increase the intensity of opening up，Strive to improve the credibility of our country’s judiciary and nj bet365。Public credibility is the lifeline of justice and nj bet365，Is the key to attracting foreign parties to choose China to resolve disputes。China must always attach importance to building credibility，Pay attention to the results of the parties’ “voting with their feet”。In the judicial field，Promote justice through openness、Building public trust through fairness has become a broad consensus。In the field of nj bet365，In addition to improving internationalization，All nj bet365 institutions should also strengthen the construction of nj bet365 transparency，Strictly implement the arbitrator information disclosure and arbitrator challenge system，Establish standardized and transparent working rules for the appointment of arbitrators，Ensuring a fair and just decision。

The fourth is to exert synergy effect，Building a maritime legal professional community。China is a big shipping country、Big shipbuilding country、A big port country and a big trading country，The maritime dispute resolution market has huge potential。Due to market structure and talent, etc.，In the long term in the future，London will remain the center for nj bet365 maritime dispute resolution，A large number of lawsuits will be carried out in the UK，A large number of contracts also stipulate "London arbitration，English law applies”。This is the reality we have to face。For Chinese arbitration institutions，The short-term goal should be to attract foreign-related disputes from Chinese-funded enterprises back to China，The long-term goal is to attract more nj bet365 maritime disputes to be resolved in China。

(The author is the director of the Marine Law Research Center of the Chinese Academy of Social Sciences、President of Dalian nj bet365 Shipping Arbitration Court)