On the eve of the "Two Sessions" in 2021,The National People's Congress representative Xu Lirong suggestion,Injects more "Chinese Elements" for global shipping and trade disputes。China wants to realize a nation -shipping country、Ocean country to a shipping power、Change of marine strong country,It is necessary to continuously increase the right to speak in the rules in the field of shipping and marine、Influence of commercial dispute disposal。
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my country is a marine country,It is also a shipping country and shipbuilding country。2020,About 95%of our country's international cargo trade is completed through sea transport。my country's shipping fleet is the second place in the world。Among the top 10 of the global port throughput,China Port occupies 8 seats; among the top 10 ports in container throughput,China occupies 7 seats。
Since its first launch to the world for the first time in 2014,"Xinhua · Baltic International Shipping Center Development Index" has gradually become a recognized "vane",Witnesses the development and changes of major shipping centers。2021,The top 10 of the comprehensive strength of the global shipping center city is Singapore、London、Shanghai、Hong Kong、Dubai、Rotterdam、Burger、Athens Bi Leevs、New York New Jersey、Ningbo Zhoushan,The eastward movement of the International Shipping Center has become an indisputable fact。With the strength of strength,Traditionally, the pattern of Europe and the United States dominated global shipping rules is being broken,Asian countries are more actively participating in the formulation of international rules。Increase in transaction will inevitably bring more disputes。Cost bet365 Play online games -based、Understanding of efficiency and culture,The most ideal approach is undoubtedly solving disputes in the area where transactions。China has ushered in historic development opportunities in the field of shipping disputes。
"3 90%phenomenon"
The process of solving international commercial disputes is the specific practical process of international economic and trade rules,Continuous reiteration、Explanation、The process of implementing and adjusting international trade rules。With the eastward movement of the international shipping center and the rise of comprehensive national strength,China should have become a consensus that gradually become a consensus in all walks of life in the field of global shipping disputes.。
"The Rule of Law Daily" pointed out,Foreign disputes in Chinese enterprises generally exist in "3 90%phenomena",That is "more than 90%of Chinese companies signed foreign business affairs contracts,The dispute solutions have chosen international commercial arbitration。In the clause of the dispute resolution of international commercial arbitration,90%of the terms selected foreign arbitration agencies。Once the two sides are controversial,More than 90%of Chinese companies losing their cases in international commercial arbitration "。This aspect reflects the credibility of our country's judicial and arbitration.,On the other hand, it also reflects that the negotiation status of Chinese -funded enterprises is still weak and does not well grasp the rules of international commercial games。Member of the International Commercial Expert Committee of the Supreme People's Court、Mr. Yang Liangyi, Honorary Chairman of the Hong Kong International Arbitration Center, has always called for,We should fully understand the international commercial rules,"The international business society has formed a complete set of game rules for hundreds of years,Different from the rules in my country,bet365 best casino games If the company does not understand it, it will be easily punished for violating the rules,Even paying expensive price "。
International Maritime Dispute Solution Center
"2021 International Arbitration Survey Report" shows,90%of the respondents think,International arbitration is the preferred method of cross -border disputes。For enterprises,The convenience of the resolution mechanism of commercial disputes、predictability and justice is important。London is the city with the largest number of global arbitration cases,occupying a share of more than 80 % of the global maritime arbitration market,The main reasons for its success include: with sufficient legislative guarantee; resolving the procedures for resolving the resolution; maintaining neutrality in the process of resolving international disputes; strong confidentiality in the process of resolving the dispute; in terms of working language and law applications Implement the party's intention to autonomy; when dealing with major complex cases,Practitioners have strong professionalism; have sufficient judicial guarantee; provide satisfactory venues and guarantee services。
The Brexit "Brexit" has been considered by some countries as a good opportunity to develop international maritime arbitration。But,In the past few years,London continues to lead global maritime arbitration。Take 2020 as an example,Members of the London Maritime Arbitration Association (LMAA) received a total of 3010 appointments -more than any year since 2015。"Brexit" has basically no effect on British law and the status of Britain in the field of international arbitration and commercial disputes。
Professor Si Yuzhuo, the former principal of Dalian Maritime University, proposed that "the International Arbitration Center is not built,Instead of "viewpoint,I believe that we need to build an international commercial arbitration center,In addition to the hardware aspect, we bet365 best casino games must meet the standard,Must pay high attention in terms of software support。This view has aroused extensive resonance from all walks of life。"2021 International Arbitration Survey Report" shows,The popularity of the major Asian arbitration centers has increased。In the most popular arbitration local face,Singapore and London tied for first,Hong Kong ranks third。The reason for the success of the Singapore International Arbitration Center includes: unique geographical location and excellent business environment、The legal framework of the arbitration legal in line with the world、Professional and professional judicial institutions、Preferential Arbitration Professional、First -class legal infrastructure, etc.。In terms of support for arbitration development,Singapore's spare no effort。Except in the visa、Taxation and other preferential measures,It also attracts foreign institutions to settle in preferential rent。The "Director of the Division of the Secretary for Law of Hong Kong" pointed out,Hong Kong can become an international legal hub,Is a strong foundation based on a strong foundation,Including a stable business environment、Freedom circulation、Low tax rate and simple tax system,The most important thing is the steady legal system。other,The Government of the Hong Kong Special Administrative Region also dials out some places,For more than 20 local、Regional and international law -related organizations use,Become an international legal hub in the Hong Kong commercial center area。The above experience indicates,Policy guidance and support is an important factor in achieving rapid development and "curve overtaking"。
Injecting more "Chinese elements" for global shipping disputes
One of the purposes to inject more "Chinese elements" for the world's shipping disputes is to seek greater the right to speak。China should convert "hard power" bet365 best casino games into influence and discourse rights,Promote the rules of international maritime transportation to more fair、Reasonable direction development。
First, exercise jurisdiction in accordance with the law,Actively promote the development of international shipping rules。The formulation of international rules is the result of the international game,It is politics of various countries、Economy、Reflects of comprehensive diplomatic strength。In the formulation of new international rules,China should actively participate,Working hard,Resolutely safeguard China's interests。Under the situation that the rules have taken shape or take effect,It is not easy to push down,It may not meet China's interests。China is the most maritime trial agency in the world、Country with the largest number of maritime cases,It can have an impact on the interpretation and application of the international treaty through the case trial,Promote the formation and development of the basic principles of international law and the basic principles of international law,Even filling the legal gap in the field of international law。
Second, we must improve the legal system of the country,Increases the probability that it applies to foreign -related cases。Current,"Sea Commercial Law" and "Arbitration Law" has been included in the legislative planning of the Standing Committee of the 13th National People's Congress。China should take advantage of the opportunity to revise method,Persist in integrating with international,Actively respond to the development of practice,Enhance the attractiveness to foreign parties,Increases the probability of applying Chinese law in the solution of foreign -related disputes。Specifically,In the field of liner transportation in the trains with seriously unbalanced negotiation capabilities,It should be considered to increase the regulations for compulsory application of Chinese law。The field of renting bet365 best casino games the ship that follows the freedom of contract,Then we should encourage relevant companies、Association、Chamber of Commerce and other launch、Standard contract for Chinese lawsuits or arbitration。Another,Considering the unique role of temporary arbitration in the resolution of disputes in sea transportation and other industries,The "Arbitration Law" should be considered to increase the corresponding regulations,Give the parties to greater freedom and choice right。
Third is to continuously increase the openness,Efforts to enhance the credibility of our country and arbitration。Trustness is the lifeline of justice and arbitration,The key to attracting foreign parties to choose China to resolve disputes。China must always attach importance to the construction of credibility,Follow the results of the parties' voting with their feet。In the field of judicial,To promote justice、Treatment of Zhengshu Tree has become a wide range of consensus。In the field of arbitration,In addition to improving the degree of internationalization,Each arbitration agency should also strengthen the construction of arbitration transparency,Strictly implement the disclosure of arbitration information and arbitrators avoiding system,Establish a standardized and transparent arbitrator designated work rules,Ensure that the ruling is fair and fair。
Fourth, to give full play to the synergy effect,Fourth, to give full play to the synergy effect。China is a shipping country、Shipbuilding Power、Port Power Power and Trade Power,Maritime disputes solve the huge market potential。Due to the market structure and talents,For a long time in the future,London will still maintain the central status of international maritime disputes,A large number of lawsuits will be carried out in the UK,A large number of contracts will also agree on "London Arbitration,Applicable British Law "。This is the reality we have to face。For Chinese arbitration Bet365 lotto review agencies,The recent goal should be to attract foreign disputes from Chinese companies to return to China,Long -term goal is to attract more international maritime disputes to solve in China。
(The author is the director of the Marine Law Research Center of the Chinese Academy of Social Sciences、Dean of the Dalian International Shipping Arbitration Court)
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