Managing 'Belt and Road' Business Disputes

Managing 'Belt and Road' Business Disputes
Title Managing 'Belt and Road' Business Disputes PDF eBook
Author Michael Moser
Publisher Kluwer Law International B.V.
Pages 460
Release 2021-04-07
Genre Law
ISBN 9403519347

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This book is a follow-up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investment disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the ‘Belt and Road Initiative’ (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever. Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the ‘Afrina Government’s’ ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes: dispute settlement options; informal dispute settlement approaches; disputes involving Chinese State-Owned Enterprises; construction and project finance disputes; corruption and bribery; sanctions; environmental issues. This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.

Managing Business Disputes in Today's China

Managing Business Disputes in Today's China
Title Managing Business Disputes in Today's China PDF eBook
Author Michael J. Moser
Publisher Kluwer Law International B.V.
Pages 356
Release 2007-01-01
Genre Business & Economics
ISBN 9041124624

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With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.

China and International Dispute Resolution in the Context of the 'Belt and Road Initiative'

China and International Dispute Resolution in the Context of the 'Belt and Road Initiative'
Title China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' PDF eBook
Author Wenhua Shan
Publisher Cambridge University Press
Pages 0
Release 2022-09-29
Genre Law
ISBN 9781009306058

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Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

Dispute Resolution Mechanism for the Belt and Road Initiative

Dispute Resolution Mechanism for the Belt and Road Initiative
Title Dispute Resolution Mechanism for the Belt and Road Initiative PDF eBook
Author Guiguo Wang
Publisher Springer Nature
Pages 160
Release 2020-01-23
Genre Law
ISBN 9811519757

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This book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises—arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.

Arbitration in Asia - 2nd Edition

Arbitration in Asia - 2nd Edition
Title Arbitration in Asia - 2nd Edition PDF eBook
Author Michael J. Moser
Publisher Juris Publishing, Inc.
Pages 844
Release 2008-09-01
Genre Law
ISBN 1933833203

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Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.

The Belt and Road Initiative

The Belt and Road Initiative
Title The Belt and Road Initiative PDF eBook
Author Julien Chaisse
Publisher BRILL
Pages 786
Release 2018-09-24
Genre Law
ISBN 9004373799

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This 28-chapter volume brings together academics and practitioners to provide a comprehensive legal, economic and political analysis of the Belt and Road (BRI) initiative that has emerged since 2013 as a key feature of China’s international economic policy. It offers a fundamentally novel approach towards international trade, investment and global governance in an unsettled time of shifting geopolitics when many institutions developed in the West are being called into question. The book covers a broad range of BRI-related international economic law and policy issues, including trade facilitation and connectivity, economics and geopolitics of new trade routes, foreign direct investment law, bilateral investment treaties, free trade agreements, financing of infrastructure, development aid, international dispute resolution, and regional economic integration.

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative
Title Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative PDF eBook
Author Locknie Hsu
Publisher Edward Elgar Publishing
Pages 197
Release 2022-12-06
Genre Law
ISBN 1803922699

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This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.