The Belt and Road Initiative will promote Chinese enterprises, investors in countries and regions along the Belt and Road to have more close and frequent economic and trade investment activities among each other. It calls for mutual understanding of each other’s legal system and the establishment of an efficient dispute resolution mechanism based on mutual trust. CIETAC initiated the research project to study the International Arbitration System in Countries along the Belt and Road in 2016 by entrusting the research team from Beijing Foreign Studies University Law School to use native languages of the targeted countries to gather and analysis information, and make research on the international (foreign related) arbitration system of the countries along the belt and road. The research is designed to focus on several of the different countries at a time. The research result (I) has been published on CIETAC’s website and has won wide applaud.
The Research of the International Arbitration System in Countries along the Belt and Road (II) (herein after the “Research Report (II)”) has been concluded and printed. It will be published on CIETAC’s website for the reference of business, arbitration practitioners and researchers.
Based on the research of the selected 8 countries in Research Report (I) in 2015, the 2016 Research Report (II) focuses on the study of the region of Europe, mainly the countries that share a close trade relation with China. The Research Report (II) selects five countries such as Portland, Germany, Netherland, Italy and England as the target for study. It conducts a horizontal comparison among the countries to summarize each country/ jurisdiction’s commercial arbitration system as well as their characteristics and differences by analyzing their respective legal systems and data, and reminds the possible risks existing in each country. The Research Report provides good reference for Chinese enterprises in their “going-out” activities and in the settlement of international and domestic trade and investment disputes. It also serves the enterprises in their “going-out” activities and foreign trade and economic cooperation by helping them to conduct a comprehensive evaluation of the arbitration institution, the place of arbitration, the applicable law, arbitration rules, the enforcement of arbitral awards and possible legal risks. In the Annex of the Research Report (II), there includes Chinese versions of the Arbitration Law and representative arbitration institutions’ arbitration rules of the researched countries, some of which are translated into Chinese for the first time, providing firsthand information for later researchers on international arbitration.
In the meantime, the Research Report (II) provides good reference for China’s arbitration development by providing targeted and selective research of foreign countries’ arbitration system, arbitration rules and judicial support and supervision practice. It will, through closing the gap between others’ strong points and our weak points, facilitate the perfection of our arbitration system and further promote the healthy development of our arbitration cause.
CIETAC will continue with the subsequent research, and enhance communication and cooperation with arbitration institutions located in countries along the Belt and Road so as to jointly promote the arbitration service and safeguard Chinese enterprises’ “going-out” activities.
Your valuable comments and advices for the Research Project are most welcome.