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【On the Two Sessions】 Zhang Shuibo: Promoting Chinese Legal Workers to Participate in the Resolution of International Commercial Disputes

 The Two Sessions

In recent years, with in-depth development of “The Belt and Road” Initiative, Chinese enterprises have been more and more involved in international commercial activities. Zhang Shuibo, a member of the National Committee of the Chinese People's Political Consultative Conference, and professor at Tianjin University, suggested in an interview with a reporter from the China News Service prior to the two sessions that China should promote legal workers to participate in the resolution of international commercial disputes.

"In accordance with international practice, these disputes are often settled in international arbitration institutions. And the proportion of Chinese legal personnel participating in international arbitration as lawyers or legal advisers is very small. As a result, Chinese enterprises are often treated unfairly in dispute adjudication, and their interests are not guaranteed. " Zhang Shuibo said.

He suggested that the Ministry of Justice of China together with relevant institutions including All China Lawyers Association and the China Council for the Promotion of International Trade should formulate relevant policies to encourage Chinese high-level lawyers to participate in international arbitration institutions or related institutions as arbitrators. Focusing on the legal services required for the Chinese companies, especially for the development of “The Belt and Road” Initiative, excellent lawyers and legal consultants of foreign-related enterprises should be selected to have targeted training, so as to accelerate the training of high-level legal professionals.

Moreover, the advantages of Chinese financial institutions in the project negotiation in the “The Belt and Road” Initiative should be given full play to provide more opportunities for Chinese arbitration institutions. Zhang Shuibo added that in the projects of "The Belt and Road" Initiative, China not only has huge financial support, but also has a large number of contractors and material suppliers involved. In order to provide China's arbitration institutions with more opportunities to deal with such cases, he suggested that Chinese financial institutions, such as the China Development Bank and the Export-Import Bank, could request that disputes between the parties that they provide development loans or assistance loans, including the disputes between the project owner and the general contractor and between the general contractor and the subcontractor, should be submitted to the Chinese arbitration institutions for arbitration.

"This can provide Chinese arbitration institutions with more opportunities and may give Chinese legal practitioners more opportunities to practice." Said Zhang Shuibo.

Zhang Shuibo also suggested that China's engineering consulting industry should go global to provide new momentum for the high-quality development of China's foreign engineering investment and construction operations and better serve the construction of “The Belt and Road” Initiative.

By: Chen Yuxuan

Editor: Sun Xiaofang