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Managing 'Belt and Road' Business Disputes

Managing 'Belt and Road' Business Disputes
Author: Michael Moser
Publisher: Kluwer Law International B.V.
Total 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.

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'
Author: Wenhua Shan
Publisher: Cambridge University Press
Total 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.

International Organizations and the Promotion of Effective Dispute Resolution

International Organizations and the Promotion of Effective Dispute Resolution
Author:
Publisher: BRILL
Total Pages: 260
Release: 2019-06-26
Genre: Business & Economics
ISBN: 9004407413
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This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.

Business Disputes in China

Business Disputes in China
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
Total Pages: 0
Release: 2009
Genre: Arbitration and award
ISBN: 9781933833286
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China’s Belt and Road Initiative in a Global Context

China’s Belt and Road Initiative in a Global Context
Author: Jawad Syed
Publisher: Springer
Total Pages: 277
Release: 2019-06-17
Genre: Business & Economics
ISBN: 3030147223
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Bringing together a collection of interdisciplinary chapters on China’s Belt and Road Initiative (BRI, or also known as One Belt One Road), this book offers a comprehensive overview of the topic from a business and management perspective. With contributions from scholars based in Asia, Europe and North America, Volume I provides theoretical and empirical analysis of the opportunities and challenges facing businesses in relation to BRI. Key areas covered include economics and finance, history, trade, value chain and human resource and cross-cultural management, creating a useful tool for academics, as well as policy-makers and practitioners in China and other countries along the new Silk Road.

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative
Author: Locknie Hsu
Publisher: Edward Elgar Publishing
Total 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.

A Legal Analysis of the Belt and Road Initiative

A Legal Analysis of the Belt and Road Initiative
Author: Giuseppe Martinico
Publisher: Palgrave Macmillan
Total Pages: 284
Release: 2020-05-30
Genre: Law
ISBN: 9783030459994
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What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.

The New Silk Road leads through the Arab Peninsula

The New Silk Road leads through the Arab Peninsula
Author: Anna Visvizi
Publisher: Emerald Group Publishing
Total Pages: 225
Release: 2019-07-10
Genre: Business & Economics
ISBN: 1787566811
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This book is an incisive query into the origins, implications and opportunities that China’s Belt and Road Initiative creates for stakeholders in Asia and the Arab World. It emphasises the role of cutting-edge technology in boosting collaboration in the fields of politics, economics, business, and culture across regions, countries and continents.

The Belt and Road Initiative

The Belt and Road Initiative
Author: Permanent Forum of China Construction Law
Publisher: Kluwer Law International B.V.
Total Pages: 220
Release: 2019-08-22
Genre: Law
ISBN: 9403514434
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The “Belt and Road” initiative, designed to enhance trade flows and spur long-term regional economic growth through infrastructure projects, has expanded China’s overseas construction market. This book, written by prominent adjudicators, lawyers, scholars, entrepreneurs and consultants with extensive first-hand experience in global construction matters will assist Chinese contractors in identifying, managing and mitigating the inherent risks involved, including those arising from the political, social, economic and legal contexts of the foreign jurisdiction. Drawing on real-life experiences of project managers, lawyers, arbitrators and others—and including summaries of both successful and unsuccessful cases—the book comprehensively covers the variety of risks facing Chinese contractors of international engineering projects and provides useful advice on how to address them. The issues and topics covered in this book are: understanding the political, social and market environment of the host country; cost and scheduling impacts of host country regulation; dispute resolution mechanisms; site security; health and medical environment; availability of local goods and materials; appointment of local subcontractors; public relations and social responsibility; and insurance. Questionnaires and interviews covering a wide variety of Chinese overseas construction projects provide expert perspectives on risk analysis and management, best practices, precautions, issues to be adjudicated in arbitrations and much more. Addressing all the practical difficulties and problems encountered before and during an overseas construction project, the book will help in-house counsel for Chinese enterprises and those who interact with them improve management, reduces risks, and protect rights and interests. It will also serve as a general guide for international engineering contractors, given that the risks Chinese enterprises face in their overseas operations are shared by their international counterparts. Others welcoming this book include international lawyers, scholars and researchers specializing in construction law, arbitrators, arbitral institutions and international project owners.

China's Belt and Road

China's Belt and Road
Author: Jennifer Hillman
Publisher: Council on Foreign Relations Press
Total Pages: 190
Release: 2021-03-23
Genre:
ISBN: 9780876098004
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China's massive, globe-spanning Belt and Road Initiative (BRI) seeks to build everything from railways, ports, and power plants to telecommunications infrastructure and fiber-optic cables. Chinese President Xi Jinping's signature foreign policy endeavor, BRI has the potential to meet developing countries' needs and spur economic growth, but its implementation creates risks that outweigh its benefits. Unless the United States offers an effective alternative, China could reorient global trade networks, set technical standards that would disadvantage non-Chinese companies, lock countries into carbon-intensive power generation, increase its political influence over countries, and acquire power projection capabilities for its military. The COVID-19 pandemic has made a U.S. response more urgent as the global economic contraction has accelerated the reckoning with BRI-related debt. China's Belt and Road: Implications for the United States proposes that the United States respond to BRI by putting forward an affirmative agenda of its own, drawing on its strengths and coordinating with allies and partners to promote sustainable, secure, and green development.