Improvement of Offshore Jurisdiction System of International Commercial Disputes and Related Safeguard Mechanism:An Analysis of the Judicial System Innovation of Free Trade Port with Chinese Characteristics
Hainan Free Trade Port is about to be closed and operated,and various high-level open-ing-up policies,laws and regulations are gradually completed,and the opening-up of relevant systems should be raised to an unprecedented height.However,benchmarking international standard,China's offshore jurisdiction system is not perfect enough to meet the requirements of accelerating the construction of a high-level free trade port with Chinese characteristics with world influence.The implementation of off-shore jurisdiction system in Hainan Free Trade Port is of great significance for enhancing the country's ju-dicial influence and competitiveness,giving the parties greater procedural autonomy,and reducing the ju-risdictional conflicts in international commercial disputes.Comparing with the experience of the offshore jurisdiction system of the Singapore International Commercial Court,Hainan Free Trade Port can consider clarifying the judgment criteria of whether the jurisdiction court has substantive connection with the case and the special procedures of offshore jurisdiction.At the same time,the establishment of offshore juris-diction system also needs to be guaranteed by relevant litigation mechanisms,such as introducing interna-tional judges,allowing foreign lawyers to represent,and establishing litigation mechanisms that meet the needs of international commercial dispute resolution.
international commercial disputesoffshore jurisdiction systemHainan Free Trade Portjudicial system innovation
万方数据
