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Cover of: Recent Efforts in China's Ambition to Become a Centre for International Commercial Litigation
Wenliang Zhang, Guangjian Tu

Recent Efforts in China's Ambition to Become a Centre for International Commercial Litigation

Section: Aufsätze
Volume 87 (2023) / Issue 3, pp. 497-531 (35)
Published 21.08.2023
DOI 10.1628/rabelsz-2023-0064
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    CC BY 4.0
  • 10.1628/rabelsz-2023-0064
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Summary
The last decade or so has witnessed intensifying efforts by China to reshape its legal framework for international commercial litigation. These efforts echo its advancement of the »One Belt and One Road Initiative« and a policy of strengthening the foreign-related rule of law. But the measures so far have been piecemeal and were adopted mainly by the Supreme People's Court (SPC). Leading lower Chinese courts, the SPC has zealously advanced the reform of international commercial litigation by devices such as international commercial courts (ICCs), anti-suit injunctions, forum non conveniens and de jure reciprocity favouring recognition and enforcement of foreign judgments. Such efforts may help modernize China's mechanism for international commercial litigation, and more are expected. Although what the SPC has been doing moves closer to the global mainstream and is on the right track, deep reforms are still needed before the Chinese international commercial litigation regime can »go global«.