ZHOU Hanmin

Member of the Standing Committee of the 14th National Committee of the

Chinese People's Political Consultative Conference (CPPCC)

Chairman of the Shanghai Public Diplomacy Association

Dear President Zhang, 

Distinguished Leaders, Colleagues, 

It has been a great honor to serve as a Member of the International Commercial Expert Committee of the Supreme People’s Court of China. I am deeply grateful for this trust and will faithfully discharge my responsibilities, contributing my utmost to the advancement of the rule of law in China. On this occasion, I would like to share a few reflections on the development of China’s international commercial arbitration and litigation against the backdrop of the evolving global legal order. 

Over the past several decades, international commercial dispute resolution has been closely intertwined with the development of the global economy and international trade. Wherever international capital is concentrated, there emerges a center for international dispute resolution; wherever international commercial rules are formulated, legal discourse and normative influence follow. International arbitration and litigation have therefore never been merely legal mechanisms—they constitute an integral component of the international economic order. 

China’s reform and opening-up has profoundly transformed both China and the world. China has for many years been the world’s second-largest economy and the largest trading nation in goods. At the same time, it has become a major source of outbound investment and one of the world’s most dynamic markets. Chinese enterprises are engaged every day in cross-border trade, investment, financing, digital services, and intellectual property cooperation across the globe. Such an enormous volume of international economic activity has generated a powerful imperative to develop dispute resolution mechanisms commensurate with China’s global economic stature. The high-quality development of China’s international commercial arbitration and litigation is therefore not merely an enhancement of legal services. It is a vital pillar of China’s high-level opening-up, an important platform for participating in global governance, and a significant vehicle through which Chinese rule of law engages with the world. 

First, we should further elevate the philosophy of international commercial dispute resolution—from simply resolving disputes to shaping the international legal and commercial order.

Arbitration and litigation appear to resolve individual disputes, but in reality they shape market expectations. Every arbitral award not only brings a particular dispute to an end, but also sends a signal to the marketplace regarding applicable rules and standards. Every judicial decision extends beyond the immediate parties and influences future commercial behavior. The true value of international commercial dispute resolution therefore lies not merely in the number of cases handled, but in its capacity to generate and develop rules. 

Experience around the world demonstrates that jurisdictions become leading international dispute resolution centers not because they hear the largest number of cases, but because they continuously produce judicial reasoning, procedural innovations, and legal interpretations that shape global commercial practice. Looking ahead, China should regard international commercial arbitration and litigation as an essential component of its national rule-making capacity. We should not only adjudicate disputes in accordance with the law, but also distill legal principles through adjudication, strengthen market confidence through clear and predictable rules, and optimize the business environment through stable expectations. In doing so, China can exert a growing influence on future commercial conduct and on the evolution of international commercial rules. 

Second, we should further develop a modern dispute resolution system that embodies both the distinctive characteristics of Chinese rule of law and the spirit of international commercial civilization. 

Internationalization does not mean simply replicating the institutional models of others. Genuine internationalization means developing our own institutional framework while respecting the fundamental principles of international commerce. 

China’s legal tradition possesses distinctive strengths. We emphasize good faith, fairness, consultation, cooperation, and mutual benefit. These values are highly consistent with the evolving trends of modern international commerce. 

Today’s global business increasingly values long-term partnerships over one-off transactions, resilient supply chains over zero-sum competition, and sustainable development over short-term profit maximization. Consequently, international commercial dispute resolution should gradually evolve beyond the adjudication of legal rights toward the restoration of commercial relationships. 

In my view, China should—and indeed must—continue to strengthen an integrated, multi-tiered dispute resolution mechanism that effectively combines mediation, arbitration, and litigation. Such a system should not only resolve disputes according to law, but also facilitate the resumption of commercial cooperation, the continued performance of contracts, and the reconnection of disrupted supply chains. This institutional approach reflects the traditional Chinese legal philosophy of “harmony without uniformity” and “valuing harmony”, while at the same time responding to the needs of contemporary global commerce. 

Third, China should become an increasingly important contributor to the development of new global commercial rules. 

The ongoing technological revolution and industrial transformation are reshaping global commerce. Digital trade, artificial intelligence, cross-border data flows, green supply chains, carbon trading, renewable energy investment, biopharmaceutical innovation, and commercial space activities are generating new legal issues every day. In many of these fields, mature legal rules and established precedents have yet to emerge. Those who take the lead in developing such rules will enjoy significant influence over the future evolution of international law. 

China possesses the world’s largest digital economy application scenarios, the most comprehensive industrial system, and one of the richest ecosystems of emerging business models. These strengths constitute an important source of institutional innovation. Going forward, China’s International Commercial Courts and arbitration institutions should place greater emphasis on developing representative cases, systematically distilling adjudicative principles, and enhancing international communication and dissemination. More Chinese cases with global significance should enter international academic discourse, contribute to discussions on international arbitration rules, and influence commercial practice worldwide. Ultimately, legal influence derives not only from legislative texts, but also from judicial precedents, authoritative legal interpretations, and the underlying legal philosophy they embody. 

Colleagues, 

China is advancing onto the world stage with ever greater confidence. This process may be understood at three levels. The first is the globalization of Chinese products. The second is the globalization of Chinese capital. The third—and ultimately the most profound—is the integration of Chinese rules and the rule of law into the international legal order. 

The development of China’s international commercial arbitration and litigation should therefore not be limited to building internationally renowned dispute resolution institutions or handling a greater number of international cases. It must also undertake a broader historical mission: transforming the commercial practices generated by China’s vast domestic market into rules of universal application; converting the institutional experience accumulated through China’s high-level opening-up into global public goods in the field of the rule of law; and translating China’s principles of peaceful cooperation, openness, inclusiveness, mutual benefit, and win-win development into a new paradigm for international commercial dispute resolution. 

If the past several decades were characterized by China’s efforts to learn, understand, and adapt to international rules, the future offers China every opportunity to work together with other nations, on the basis of shared respect for the rule of law, to improve the international commercial legal system and promote a dispute resolution framework that is fairer, more efficient, more open, and more inclusive. 

This should be not only the direction of China’s international commercial arbitration and litigation, but also a strategic pillar of China’s participation in global legal governance and its efforts to strengthen its institutional voice in the international legal order. It is likewise a mission to which all of us, as members of the International Commercial Expert Committee, should dedicate our collective efforts. 

Thank you for your attention.