Managing 'Belt and Road' Business Disputes: A Case Study of Legal Problems and Solutions

Author: Michael Moser; Chiann Bao
Publisher: Kluwer Law International
ISBN: 9789403518909
Published In: April 2021
Format: Hardback
Jurisdiction: China, International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Managing ‘Belt and Road’ Business Disputes is a follow-up of 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. The book provides insights into the various challenges and legal options companies face when dealing with Chinese outbound investment disputes. In particular, this book focuses on disputes arising from the Belt and Road Initiative ('BRI'), which has included projects in more than 70 countries spanning diverse economic and legal environments since its inauguration by the Chinese government in 2013. 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.

What’s in this book:
After setting the scene with the ‘Afrina Government’s’ ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight into 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 revamped title takes a ‘real-life’ scenario, involving a major investment in China’s Belt and Road Project, and traces it from the establishment of the project transactions to the emergence of disputes, describing the structure of PRC companies, financing issues, arbitration and litigation options, and other issues such as sanctions and environment-related disputes.

How this will help you:
Providing an introduction to the landscape and the issues for those unfamiliar with China’s Belt and Road Project, this book will prove to be an extensive guide 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 and in general.

Introduction
Michael Moser & Chiann Bao

CHAPTER 1
The Scenario
Michael Moser, John Choong, Chiann Bao & Chan Yong Wei

CHAPTER 2
Dispute Settlement Options: An Overview
Michael Moser, John Choong & Campbell Herbert

CHAPTER 3
Informal Dispute Settlement Approaches
Helen Tang

CHAPTER 4
Arbitration Inside China
Arthur Ma & Sharon Yang¿

CHAPTER 5
Arbitration Outside China
Cameron Hassall & Dominque Yong

CHAPTER 6
International Commercial Courts
Anselmo Reyes

CHAPTER 7
Treaty Framework
Matthew Hodgson

CHAPTER 8
Investment Treaty Remedies
Nils Eliasson

CHAPTER 9
Litigation in China
Fang Zhao, Jiji Wu & Ruowen Wang

CHAPTER 10
Force Majeure and Hardship
Tai-Heng Cheng & Jennifer Lim

CHAPTER 11
Chinese SOEs and Their Investments along the Belt and Road
Cao Lijun