论“一带一路”民商事争议解决的机制创新

The Innovation of Civil and Commercial Dispute Settlement Mechanisms along the “Belt and Road”

随着"一带一路"倡议的推进,沿线经贸往来不断深化,民商事争议的解决值得重视。公正、高效的争议解决机制是推进"一带一路"建设的重要保障。为弥补现有机制的明显不足,我国应从调解、仲裁、诉讼三个层面入手,积极探索"一带一路"民商事争议解决的机制创新。在调解方面,应着重关注增强调解协议执行力、落实仲裁与调解相结合、推进诉调对接平台建设及调解协议的司法确认。在仲裁方面,关键在于完善我国《仲裁法》的配套支持与保障,依托现有机制加强仲裁专业化、精细化发展,创新仲裁规则设计。在诉讼方面,应借鉴域外先进经验,探索构建"一带一路"国际商事法庭,为"一带一路"建设提供有力的司法服务与保障。

With the advance of the ＂Belt and Road＂ Initiative, economic and trade links along the ＂Belt and Road＂ deepen continuously, at the same time, attention shah be given to settlement of civil and commercial disputes. Impartial and efficient dispute settlement mechanisms are important guarantee for promoting the building of the ＂Belt and Road＂ . To make up the obvious deficiencies of the existing mechanisms, China shall start with three aspects including mediation, arbitration as well as litigation and actively explore the innovation of civil and commercial dispute settlement mechanisms along the ＂Belt and Road＂ . In respect of mediation, attention shall be given to enhancing the effectiveness of implementation of the mediation agreements, implementing the combination of arbitration and mediation, promoting the establishment of the platform of ＂docking litigation and conciliation＂ as well as the judicial confirmation of mediation agreements. Concerning arbitration, China needs to amend its outdated Arbitration Law as soon as possible, strengthens the professionalization and refinement of its arbitration mechanism, and updates its arbitration rules. In terms of litigation, China shall learn from foreign advanced experiences and explore the establishment of the ＂Belt and Road＂ International Commercial Court, in order to provide strong judicial services and guarantee to support the building of the ＂Belt and Road＂