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

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

  • Author:
  • 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

List Price: HKD 1,760.00

HKD 1,707.20 Save HKD 52.80 (3%)

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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

    CHAPTER 12
    Construction Contracts And Disputes
    Nicolas Wiegand, Mariel Dimsey & Tom Proestler

    CHAPTER 13
    Project Finance
    Matt Secomb & Philip Tan

    CHAPTER 14
    Corruption and Bribery
    Louie Llamzon

    CHAPTER 15
    Sanctions
    Meg Utterbeck

    CHAPTER 16
    Climate Change Dispute Options
    Judith Levine & Nicola Swan

    CHAPTER 17
    Enforcement of Dispute Outcomes
    Friven Yeoh & Yan Zhang

    CHAPTER 18
    Case Management Strategy: Forming the Right Team – Third-party Funding, Experts, Investigators and Other Services Providers
    Peter Yuen

    CHAPTER 19
    Endgame
    Michael Moser, Chiann Bao, John Choong & Chan Yong Wei


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