Guangzhou established an international commercial court yesterday that is aimed at settling international business disputes and fostering an improved regulatory environment in the Greater Bay Area (GBA).
According to multiple media reports, the specialised tribunal is part of the Guangzhou Intermediate People’s Court (GIPC) and was created under the aegis of the Supreme People’s Court and the Guangdong Provincial High People’s Court.
The legal body’s responsibilities include handling first and second instance international business cases, arbitration cases and lawsuits that involve confirmation of mediation agreements. As well, it is in charge of reviewing cases that relate to application for recognition and enforcement of civil and commercial judgements, and rulings handed down by foreign courts.
During yesterday’s press conference to mark the court’s establishment, authorities unveiled three documents that outlined the tribunal’s rules and regulations, responsibilities, as well as guidelines for the court’s mediation of commercial disputes.
The document on the court’s mediation rules is notable, as it marks the first guidelines of this type to be codified in mainland China. In total, there are 21 rules covering areas such as the definition of mediation, as well as the court’s scope of mediation, operation, selection of mediators, procedures and judicial confirmation.
Another important aspect of the court’s mediation mechanism is its leveraging of the GBA’s multi-jurisdictional advantages and enlistment of Macao and Hong Kong mediators into the system.
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At the same time, the stakeholders of a mediation case can use an online platform for authorisation purposes, giving them access to an efficient and low-cost channel to resolve their disputes.
Officials say the creation of the GIPC aligns with Guangdong’s broader strategy to enhance its business environment. On Monday, local authorities unveiled three major policy documents that seek to enhance the region’s business sector.
Of the 50 measures featured in the three proposals, 18 of them are intended to create a more law-based business environment in Guangdong. This includes the strengthening of legal guarantees in the manufacturing sector and boosting legal services relating to business.
According to data cited by China News, Guangzhou’s court dealt with around 29,600 business cases that were foreign-related or were connected with Macao, Hong Kong and Taiwan over the past five years.
Aside from Guangzhou, other parts of the GBA have also been expanding their mediation capabilities and ties. For instance, Hong Kong founded the International Organisation for Mediation (IOMed) last year, while Macao’s Consumer Council has been collaborating with Hong Kong and Shenzhen to mediate consumer disputes between the three areas.
