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Innovation of Service Trade Dispute Settlement Mechanism of Hainan Free Trade Port and Connection of International Rules

Author(s)

Xiao Shurui1,*, Mo Haipeng1, Xu Baiqing2

Affiliation(s)

1Hainan Vocational University of Science and Technology, Hainan Guangzhe Law Firm, Hainan, China 2Hainan Rural Commercial Bank, Hainan, China *Corresponding Author

Abstract

With the promotion of the operation of the island's customs closure, Hainan's service trade is booming, and the related disputes show the characteristics of internationalization of the subject, new content, complicated application of law and cross-border implementation. Although Hainan has initially established a multi-dispute resolution framework of litigation, arbitration and mediation, and innovated in the fields of ad hoc arbitration and international commercial mediation through local legislation, the existing mechanism still has core problems such as insufficient overall synergy, weak international compatibility and credibility, and imperfect supporting guarantee system. This paper puts forward a systematic innovation path from three dimensions of mechanism framework, procedure design and guarantee system, advocates building a three-dimensional system with "one-stop" platform as the hub, implementing the principle of "first mediation, main arbitration, and litigation guarantee", and supporting multiple guarantees such as procedure integration, digital upgrading, strengthening of the rule of law, personnel training and cross-border coordination, so as to form a new service trade dispute settlement mode with China characteristics and international practices. It provides theoretical reference and practical guidance for Hainan Free Trade Port to build an international and legal business environment.

Keywords

Hainan Free Trade Port; Service Trade Dispute; Dispute Settlement Mechanism; Connection of International Rules

References

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