Liu Chao
Secretary-general of International Commercial Dispute Prevention and Settlement Organization
The establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) was one of the outcomes of the Second Belt and Road Forum for International Cooperation. It is a non-governmental international organization initiated and established by the China Chamber of International Commerce, together with business associations, legal service agencies and university think tanks of relevant countries, with the support of the China Council for the Promotion of International Trade. Since its establishment, the ICDPASO has handled 373 cross-border cases, in which all parties have no intention of resorting to arbitration, litigation or other procedures, and instead,they hope to resolve disputes through rational consultation and negotiation. Currently, the ICDPASO has issued the Commercial Mediation Rules and the Commercial Arbitration Rules, and will soon issue the Investment Arbitration Rules.
I would like to put forward the following suggestions on the construction of the international commercial court. First, as the international commercial court focuses on international affairs, internationalization should be the top priority and most urgent task in the coming period. The Beijing International Commercial Court (the BICC) may form an expert committee composed of experts from all over the world. The committee can not only express opinions and provide advice in relevant cases, but also promote discussions and communication in high-end forums, and create conditions for exchanges between the BICC and foreign courts or tribunals. Second, efforts should be made to accelerate communication and cooperation with internationally renowned arbitration and mediation institutions. The BICC may take it into consideration to cooperate with relevant international institutions, if permitted under relevant rules. Third, the BICC should enforce the work on foreign law ascertainment. It is advisable to establish cooperative relations with the ICDPASO, other related international institutions and major domestic foreign law ascertainment centers to push forward the work on foreign law ascertainment.