“一带一路”多元争端解决中心构建的当下与未来

The Present and Future of the Belt and Road's Multivariate Dispute Resolution Center Construction

我国国际争端解决机制尚未在"一带一路"沿线国间自然形成中心地位,构建调解、仲裁、司法三位一体的"一带一路"争端解决中心应从当下和未来两个层面进行价值考量:调解、仲裁和司法三位一体模式的争端解决中心是国家海外贸易及投资权益维护举措的应急与补缺;是推动相关争端争端交由"一带一路"沿线国家共同参与的争端解决机构进行裁判的试验场。以此为近期目标,"一带一路"争端解决中心建设需要理性地接纳境外仲裁机构进入中国并与中国争端解决机构合作;需要改变司法主权过度扩张的观念以促进司法协助和合作;需要推进调解机制的国际协调及"软法规制"。"一带一路"多元争端解决中心的近期功能受制于沿线国的信任度以及当事方的意思自治,而其承载的诚信文化沟通、"一带一路"区域仲裁机构形成以及国际化人才培养的三大远期功能将是建设该中心的核心价值所在。

As the Belt and Road Initiative moves toward maturity, China＇s dispute resolution practices have yet to take roots within its growing framework. More specifically, the incorporation of China＇s mediation, arbitration, and judicial practices within proposed dispute resolution centers will be imperative to ensure the long-term success for the protection of international Chinese business interests. The value of this proposal can be examined from both the present and future perspectives. First, from the present perspective, the integration of Chinese dispute resolution practices can serve as an emergency method of supplementing the current need for the protection regarding our country＇s overseas business interests. Alternatively, the dispute resolution centers can act as a testing ground for reducing future commercial disputes between the Belt and Road members by guaranteeing that all disputes would be submitted to the jointly created dispute resolution agency. Taking the above as the primary objective, the foundation of future dispute resolution centers will need to rationally admit overseas arbitration institutions into China in cooperation with domestic dispute resolution institutions. But first, China must first change the idea of expanding jurisdictional reach and instated focus on facilitating judicial assistance. Ultimately, the goal will be implementing a ＂soft law regime＂ for the advancement of international coordination for future dispute resolutions. The instant function of the Belt and Road＇s multivariate dispute resolution center will be the promotion of trust and autonomy for countries along the Belt and Road. However, its long-term functions shall be the promotion of communication of good faith dealings, the establishment of a new ＂Belt ＆ Road＂ regional arbitration institution, and the training of new international talent, which will be the core value to solidify China as a global destination for future dispute resolution.