Business environment: "Keywords" connected by the rules
Author:Shenzhen Special Economic Zone Time:2022.08.12
When Ren Yin established autumn, Qianhai. In the arbitration and case festival on the 35th floor of the International Arbitration Building, a brand is not large, but it is particularly eye -catching: the "One -stop" service window of the First International Commercial Court of the Supreme People's Court.
According to the reporter at the scene, the electronic screen not only showed the arbitration rules of the Shenzhen International Arbitration Court, but also showed the procedure rules of the International Commercial Court of the Supreme People's Court. This is a microcosm of the Shenzhen International Arbitration Court played a role in the "one -stop" international commercial disputes in the Supreme People's Court.
The "green channel" of the rule of law in Qianhai
Jiang Qingwen, deputy director of the Zhongli Case Division of Shenzhen State, has the qualifications of New York State Lawyers. She told reporters that this is the "green channel" of the "Supreme Courtyard" of the Guangdong -Hong Kong -Macao Greater Bay Area. The case can be obtained through this channel to obtain judicial supervision and support.
The reporter learned that this is the product of the implementation of the central government's "Opinions and Opinions on the establishment of the" Belt and Road "international commercial disputes and institutions." As the representative of the arbitration agency of the Greater Bay Area, Shenguo is listed as the first international arbitration agency by the Supreme Court as the "one -stop" mechanism. Essence
An overseas enterprise and a mainland enterprise disputes due to cross -border equity transactions. Mainland companies apply for arbitration from Shenzhen State. Overseas companies believe that the transaction has not been reached in the end, and the application for confirmation of the arbitration clause is invalid. According to traditional regulations, judicial reviews such as the confirmation of the arbitration agreement, the property preservation of the arbitration case and the revocation of the arbitration award may be reported to the Supreme Court step by step from the intermediate court. However, in this brand -new "green channel", the Supreme Court's First International Commercial Court directly ruled to confirm that the parties had the effect of choosing the arbitration agreement under the jurisdiction of Shenzhen State and stabilized the expectations of domestic and foreign parties.
After the Supreme Court announced the first case of the First International Commercial Court, it was well received by the domestic and overseas industry: the "green channel" greatly improved the efficiency of international commercial disputes, reducing the time and cost burden of Chinese and foreign parties to resolve disputes, and reflected the Supreme Court of the Supreme Court Strong support for international arbitration development and business environment construction. Qianhai was highly hoped for the two "pillars" of Shenzhen Guozhong and the First International Commercial Court of the Supreme Court.
Shen Guozhong's case has so far covered 137 countries and regions. The reporter was informed that as of July 29, the international arbitration authoritative publication "Global Arbitration Review" (GAR) announced the "2022 Regional Arbitration Guide" and listed the Shenzhen State as "the Asia -Pacific arbitration agency worthy of focusing on." GAR said: "Shenzhen Guozhong is the pioneer of the Chinese arbitration industry, especially in the internationalization of Chinese practice. If specific transactions need to be arbitral in China, especially in the case of foreign customers, Shen Guozhong can be the first choice."
"Friends Circle" connected by the rules of the Greater Bay Area
The business environment is a "keyword" connected by the rules. The consensus on the business environment of the rule of law based on international arbitration as the link with international arbitration is derived from long -term practice and frank cooperation.
Yuan Guoqiang's senior barrister visited Shenzhen many times while serving as the Director of the Law Department of the Hong Kong Special Administrative Region Government. He has released the new arbitration rules of Shenzhen Guozhong with the mayor of Shenzhen. Shen Guozhong formulated the "Procedure Guidelines on the Application of the Rules of the Arbitration of the United Nations International Trade Law" and set Hong Kong as the default arbitration place. Yuan Guoqiang believes that "this is a very forward -looking initiative. It is of great significance to provide high -end international dispute solutions in the Bay Area and the Asia -Pacific region, and creating a good business environment for the rule of law. " To this end, he specially invited Shen Guozhong to interpret and promote Shenzhen rules to overseas professionals at the Hong Kong Law Department Building.
Liu Dexue, director of the Legal Bureau of the Government of Macau Special Administrative Region, said: "A good soft environment for the rule of law is the most important factor and key to ensure the successful implementation of the Outline of the Greater Bay Area. Under the established institutional rules, more promotion of the construction and application of the arbitration and mediation mechanism is the best way to achieve the connection between different legal departments and cross -border rules. "
Guangdong, Hong Kong and Macao not only "face -to -face" rules and mechanism docking, but also work together to promote the business environment of the rule of law in the Guangdong -Hong Kong -Macao Greater Bay Area. In the interview, the reporter found that the "two windows" of the Shenzhen State in the Canton Fair and the Gao Fair, with long -term persistence and wonderful cases, tell the world about the "Chinese story" of the business environment of rule of law.
Two "windows" facing the world
Zhang Jiaqing, the director of the Enterprise Management Division of the China Foreign Trade Center and director of the Canton Fair Complaint Station, recalled the international arbitration past. He said that 15 years ago, as the only arbitration agency, Shen Guozhong began to settle in the Canton Fair to provide "on -site mediation+arbitration award" service. "Each staff member stationed in the Canton Fair is busy from morning to dark, facing merchants from all over the world, and using bilingual mediation of Sino -British and English. It has been insisted on free of charge every year. It is commendable." He remembers that at a certain Canton Fair, Xie Weimin, an expert of Shen Guozhong, ran to him excitedly that with arbitration, he successfully mediates a dispute of a foreign buyer who owed the payment of Chinese enterprises. The cash is handed over to the Chinese side, and the two parties also asked to shake hands to take pictures.
In 2020, the Canton Fair was seriously affected by the epidemic. Shen Guozhong quickly launched the "cloud mediation platform" to create a precedent for remote mediation of the Canton Fair. A Chinese company and a Pakistani merchant have controversial product quality problems. After remote filing procedures such as intelligent identity identification, Chen Jiaming, an expert in Shenzhen Guozhong mediation, arduized the two parties far away from the two parties, and finally promoted the reconciliation of both parties and connected the arbitration award with multinational execution. The case is hailed as "the clouds of the clouds, and the jade is obsessed with a thousand miles away." At present, the mediation cases of Shenzhen State Zhongzhong have covered 119 countries and regions. The reporter was informed that the innovation mechanism of "Mediation of the Canton Fair+Deep State Arbitration" has been transformed into procedure rules for all merchants in the form of standardized documents. In this regard, some experts commented that one of the important signs of our country's transformation from a major trading country to a strong country is from "output goods" to "output rules".
If the Canton Fair is an important window for showing the business environment of the rule of law in the field of international trade, then the Gao Fair as another important window shows the international image of China Intellectual Property Arbitration Protection to the world.
Many years ago, Shen Guozhong cooperated with the Gao Fair to establish a rights guarantee center in the High -tech Fair in order to quickly, harmonious and effectively resolve intellectual property disputes. Among many cases, one of them attracted special attention from reporters.
As a license party, a Chinese enterprise as a license party, the two parties agreed to authorize the license party to use the relevant patent and trademark to manufacture, distribute, sell and rent authorized products in China, and sell them worldwide And distribution authorized products. American companies say that Chinese companies have arrears for two years and have severely defaulted. According to the arbitration clauses in the contract, they invite arbitration from Shen Guozhong. The executives and acting lawyers of the two companies are from China and the United States, respectively, gathered in Shenzhen to resolve disputes. After many mediations, the arbitral tribunal organizations made full debate on focus issues, and finally made a final decision to set the dispute for the two parties.
What the reporter felt most in this case was that the Shen Guozhong "worked hard" set the place of trial in the High School Arbitration Hall, and invited three arbitrators and two sides to visit the scene of the Gao Fair during the gap between the trial to learn about China to promote and protect intellectual property rights. The rules of innovation, the parties and lawyers from the United States admired it again and again.
"Spokesperson" all over the world
The central government assigns Shenzhen's comprehensive reform pilot task, the 29th task of the list of the first batch of authorizations, and requires the construction of the Guangdong -Hong Kong -Macao Greater Bay Area International Arbitration Center based on the Shenzhen Guozhong. Through deepening reforms, the elements of Hong Kong and Macao are strengthened, and the global international arbitration highland is constructed. The reporter was informed that the "Regulations on the Shenzhen International Arbitration Court" stipulated that overseas arbitrators must not be less than one -third, and 1547 new arbitrators in Shenzhen Guozhong covered 114 countries and regions, including 569 overseas arbitrators. For a long time, domestic and overseas arbitrators have handled one case after another, from understanding Shenzhen to trusting Shenzhen, and actively actively played the "spokesperson" of the business environment of the rule of law in Shenzhen and the Greater Bay Area.
Mark Feldman is an American professor at the Peking University School of Law, and knows deeply about Shen Guozhong. In the Sino -US economic and trade arbitration dialogue seminar in New York, Mark Feldman was happy to be the host to actively promote China's international arbitration and Shenzhen business environment.
Andrew Lee is Australians. He has served as the chief representative of China at the United States Judicial Arbitration Service Co., Ltd. (JAMS) and has visited Shenzhen many times. He told reporters, "Exchange and cooperation with Shenzhen Guozhong is the highlight of his career. Now, although he has returned to his hometown of Australia, he will tell government officials, bankers, professors, and lawyers on various occasions. To understand Shenzhen, you must understand the Shen Guozhong. "
In the Swiss Arbitration Association Chairman Elliott Geisinger, when visiting Shenzhen, "Arbitration is an important part of international trade exchanges. If there is no fast and reliable dispute solution, there is no trust in international trade. Shenzhen is a level of economic and arbitration levels. The cities that occupy the first status in the top, we come here, we want to learn from you, so that when we return to Europe, we can introduce the overview of Chinese arbitration to Western countries. "
The endorsement of the business environment of the rule of law in Shenzhen and the Greater Bay Area is also a lawyer at the world's top law firms. In just 13 days, Shen Guozhong successfully completed China's largest arbitration case so far in the form of "mediation+arbitration". The case involved more than 13 billion yuan in multinational investment, and both China and the United States were very satisfied. More than a dozen agent lawyers from 5 countries and regions participated in handling the investment deadlock in Shenzhen, including Rry McAlPine, a partner of the Asia -Pacific controversy in the Asia -Pacific region. One year later, Rory saw the arbitration of the case at the International Lawyer Conference (IBA), and tightly shook hands and said, "I did not expect Shenzhen's business environment to be so good, Shenzhen's international commercial arbitration is so efficient, professional and fair We will mobilize Asian customers to make as much as possible in the National Arbitration. "
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