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海南临时仲裁制度创新打造国际商事仲裁中心
人民网-国际频道 原创稿· 2025-11-26 03:00
Core Viewpoint - Hainan Free Trade Port will officially start its full island closure operation on December 18, 2025, establishing a temporary arbitration system to address the increasing number of international commercial disputes, positioning itself as a preferred location for international commercial dispute resolution [1][2]. Group 1: Establishment of Dispute Resolution Mechanism - The Hainan Free Trade Port Shipping Dispute Multi-Resolution Center was established on September 29, 2023, integrating mediation, arbitration, litigation, and accident handling into a "four-in-one" platform for maritime dispute resolution [1]. - The center allows parties to enjoy "one-stop reception, a package of resolution, and alignment with international standards" for maritime arbitration services without leaving the country [1]. Group 2: Temporary Arbitration Regulations - The "Regulations on the Development of International Commercial Arbitration in Hainan Free Trade Port" will take effect on July 1, 2024, marking the first domestic regulations on temporary arbitration in a free trade port context [2]. - The regulations provide commercial entities with arbitration services that align with international standards, allowing parties to have significant autonomy in choosing arbitrators and procedures, particularly suitable for cross-border commercial needs [2]. Group 3: Competitive Advantages of Hainan - Hainan's unique competitive advantages include concentrated policy support, significant geographical advantages, and precise service adaptation for dispute resolution in cross-border trade and maritime sectors [2]. - The revised Arbitration Law provides legal support for innovative breakthroughs in temporary arbitration, with supporting policies already implemented [2]. Group 4: Successful Case of Temporary Arbitration - The first foreign-related temporary arbitration case in Hainan was successfully concluded this year, demonstrating the efficiency and cost-effectiveness of the temporary arbitration system [3]. - The case was resolved in less than three months with arbitration costs around 10,000 yuan, showcasing the advantages of local arbitration over foreign institutions [3]. Group 5: Development of Arbitration Rules - Hainan International Arbitration Institute has optimized industry arbitration rules to meet the development needs of the Hainan Free Trade Port, including the release of the "Seed Industry Arbitration Rules" and ongoing research on "Maritime Arbitration Rules" [4]. - The institute has a pool of 1,350 arbitrators from over 40 countries, covering common areas of commercial disputes, and allows parties to choose arbitrators outside the established list [4]. Group 6: Future Directions - As the closure date approaches, the construction of the Hainan International Commercial Arbitration Center is entering a critical phase, focusing on deepening practical applications of established systems [4]. - Hainan aims to align with international high-standard economic and trade rules to create a first-class business environment that is market-oriented, law-based, and internationalized [4].