Creating an international commercial court with international influence can enhance the comprehensive strength of a city，Attract international products、Service and data and other factors of factors flow。Shanghai (Shanghai) Free Trade Pilot Zone Lingang New Trinity Zone first test，Exploring the innovation of international commercial dispute resolution mechanism，Introduction to internationally renowned arbitration、mediation agency, etc.，Valuable experience has accumulated。To continue to deepen Pudong New District to build a socialist modern construction leading zone and serve Shanghai International Economy、Finance、Trade、The construction of the "five centers" of shipping and science and technology innovation，Shanghai urgently needs to integrate existing commercial resource resolution resources，Layout Shanghai International Commercial Legal Service Center centered on Shanghai International Commercial Court。

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The service level of international commercial disputes is one of the important means to attract foreign investment and improve the comprehensive competitiveness of the country。England in England and Wales Commercial and Property Court and the Federal District Court of the Southern District of New York，Professional of the judge、Procedural flexibility and the characteristics of the affinity of the law，The place of dispute resolution favored by the parties to international commercial transactions，It has also become a world financial center。In recent years，New international commercial trial agencies represented by the International Business Court of Dubai International Financial Center and Singapore International Commercial Court have been set up one after another，It is an important means to become countries that attract foreign investment Bet365 app download and enhance the international influence of legal services。Visible，The judicial system has gradually become one of the important indicators to merge a country's international competitiveness，The state's level of governance of the economy is also reflected in the service capabilities of justice on international commercial transactions。The difference between the International Commercial Court and the general court mainly lies in，The former pays more attention to the meaning of the parties' autonomy and the flexibility of the program，Especially the consideration of commercial subjects on the fairness and efficiency of transactions。

To better serve the "Belt and Road" initiative，my country has already set up an international commercial court。The Supreme People's Court took the lead in setting up first in 2018 in Shenzhen, Guangdong Province and Xi'an, Shaanxi Province.、Second International Commercial Court，Specializing in handling my country's influential international commercial disputes。Some local courts have also set up international commercial courts in various places，For example, the International Commercial Court of Suzhou Intermediate People's Court、International Business Court of the Fourth Beijing Intermediate Court and the International Commercial Court of Chengdu Intermediate Court，Concentrated trial of foreign business affairs cases in the jurisdiction。

Shanghai's leading position in the Yangtze River Delta's economic development belt，At the same time shoulder the mission of the construction of new highlands to open the new highland of Pudong New District，Must vigorously promote judicial reform and innovation，Enhance the ability to gather and configure high -end resource elements。The establishment of Shanghai International Commercial Judgment Agency can integrate Shanghai International Commercial Legal Service Resources，Establishing Shanghai International Commercial Legal Service Center，better serving the new development of domestic and international dual cycles。At the same time，Easy and efficient international commercial bet365 Play online games dispute solution service can improve Shanghai's opening level，Enhance the configuration ability of global resources。

　　Jurisdiction Settings

First，Coordination with the function of the existing special court。Shanghai already has a lot of special courts and special courts with commercial attributes，Set in different intermediate people's courts。For example，Shanghai independent Intellectual Property Court、Shanghai Financial Court and Shanghai Maritime Court，Shanghai Third Intermediate Court has a bankruptcy court，Concentrated business disputes in the jurisdiction。but，These special courts and special courts have not effectively distinguished the foreign -related factors of the case，It also lacks lack of other types of international commercial cases (such as anti -unfair competition cases、Construction Engineering Cases, etc.) Special jurisdiction，Unified management and supervision of international commercial cases cannot be formed。Establishing an international commercial court is conducive to integrating existing commercial trial resources，Judges and expert committees who are familiar with international commercial rules are specially tried，It can improve the court's trial quality and efficiency of international commercial cases。

2，level settings and regional jurisdiction。Special courts and special courts that are currently in Shanghai who have tried various commercial cases in Shanghai are set up in the Intermediate People's Court，The first -instance case in the related fields accepted by the Intermediate People's Court should be，and the first trial judgment made by the parties to the grassroots courts in the relevant field、The appeal case filed by the ruling。Establish a precedent for the establishment of an international commercial court in other parts of our country，The Shanghai International Commercial Court should also be set at the level of the Intermediate People's Court，Concentrated trial of international commercial disputes in Shanghai jurisdiction。For this，The Shanghai Court has accumulated quite rich concentrated jurisdiction experience，bet365 best casino games provides the basis for the implementation of the cross -regional jurisdiction of international commercial disputes cases。

third，Jurisdiction of the matter。The Shanghai International Commercial Court shall focus on the trial of the first instance international business case belonging to the intermediate people's court。"International" standard is based on the three elements of "foreign -related factors"，and use the "free trade zone" as the connection point to properly broaden the standard for identification of foreign -related factors。"Commercial" controversy in the broad sense includes international commercial and trade cases，but involved international finance、Cases in professional fields such as international maritime affairs and international intellectual property can still be managed by special courts and courts。Another，You can gradually relax the restrictions on the most closely connected principles of the agreement jurisdiction，Cases managed by the party's jurisdiction through the agreement，The amount of the subject of the case should be combined with the case、The qualitative legal relationship of the case and the international influence of the case is comprehensive judgment.。

　　Program optimization direction

First，Optimization of case management procedures。Shanghai International Commercial Court should first pay attention to improving the efficiency and convenience of case management。After the court expired after the defense period, the court、A pre -court meeting before the first trial，Consult the party's pre -trial to mediate the willingness、Examine the plaintiff's lawsuit and the defendant’s defense opinion、The focus of dispute between the two parties、Organizational evidence exchange、Establish related procedural matters such as the opening time。Shanghai International Commercial Court should set up an online litigation platform，Provide electronic cases for the parties to the case、Electronic response、Evidence Exchange、Online trial、Electronic delivery and other services，Improve the trial efficiency of the case。

2，Support online trial。The Shanghai International Commercial Court should strictly apply the "People'bet365 live casino games s Court Online Litigation Rules" released by the Supreme People's Court，The online trial can be enabled by the unanimous consent of both parties。Online trial rules should ensure that the parties' right to obtain statement and debate，Fully listen to the testimony of the witness，Check the authenticity of electronic evidence，Protect the parties' information security and business secrets。The difficulty of combining the case and the choice of the parties，The International Commercial Court can adopt the means of combining online and offline trials，Difficult problems of disputed can be performed offline，Taking into account judicial justice and judgment efficiency。

third，Adjust the rules of international commercial trial operation。Shanghai International Commercial Court should adjust the rules of the trial with the parties as the center，Make Chinese and foreign parties more convenient、Efficient judicial service。In trial，You can allow foreign parties to use English to participate in litigation activities，and provide Chinese and English translation。Invite domestic and foreign international business legal experts，The Expert Committee of the Shanghai International Commercial Court established。Involving the application of foreign laws、International Treaty、International practice time，You can entrust foreign law to find out institutions、Members of the Expert Committee assisted in investigation to ensure accurate applications。Support Hong Kong, Macao and Taiwan people with international commercial disputes to solve professional levels as people's jurors to participate in the trial of international commercial cases，Improve the level of internationalization case。

　　Connection with the mechanism of the multi -dispute solution of international commercial business

Shanghai has attracted a number of international commercial arbitration agencies to set up branches，Among them, the World Intellectual Property Organization (WIPO) arbitration and mediation Shanghai Center、International Chamber of Commerce Shanghai bet365 best casino games Representative Office、Singapore International Arbitration Center Shanghai Representative Office、Shanghai Representative Office of the Korean Commercial Arbitration Institute，There are also local international business arbitration、mediation agency (Shanghai International Commercial Arbitration Center、Shanghai Arbitration Committee、Shanghai Economic and Trade Commerce Mediation Center, etc.)。but，These international commercial dispute solutions currently only play a limited role in their respective service fields，It has not been able to form a systemic legal service for Shanghai International Commercial Property。Future，can be the core of Shanghai International Commercial Court，Construction one -stop Shanghai International Commercial Legal Service Center，Introduction to the well -known commercial and commercial tone institutions at home and abroad。Sharing through resources、Talent joint training and qualification certification，Give play to the cooperation advantage between judicial and other multi -solution resources。The parties can choose the appropriate dispute solution through the Shanghai International Commercial Legal Service Center and the corresponding arbitrators or mediationers，and use the center to complete the acceptance of the case、Ruling and execution procedures。

Shanghai International Commercial Court shall implement support and guarantee property preservation of property before and in arbitration、Evidence preservation and behavioral preservation application and implementation of temporary measures。In the mediation case before the lawsuit，The parties shall be filed in time for the parties that cannot be mediate。When the parties reach a mediation agreement through a commercial mediation and apply for judicial confirmation，The court should conduct a necessary judicial review in response to the mediation agreement，Effective ruling of a mediation agreement in accordance with the law。

(This article is a special scientific research business fee for the central university of the central university "the role of commercial courts in global resource allocation")

(Author Unit: Shanghai University of Finance and Economics Shanghai bet365 live casino games International Organization and Global Governance Research Institute)