Managing 'Belt and Road' Business Disputes
Managing 'Belt and Road' Business Disputes

Author: Michael Moser

Publisher: Kluwer Law International B.V.

Published: 2021-04-07

Total Pages: 460

ISBN-13: 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 'Belt and Road' Business Disputes
Managing 'Belt and Road' Business Disputes

Author: Michael Moser

Publisher:

Published: 2021-04-07

Total Pages: 504

ISBN-13: 9789403518909

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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

Published: 2022-09-29

Total Pages: 0

ISBN-13: 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.

Arbitration in Asia - 2nd Edition
Arbitration in Asia - 2nd Edition

Author: Michael J. Moser

Publisher: Juris Publishing, Inc.

Published: 2008-09-01

Total Pages: 844

ISBN-13: 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.

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

Published: 2022-12-06

Total Pages: 197

ISBN-13: 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.

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

Published: 2019-06-17

Total Pages: 277

ISBN-13: 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.

International Flows in the Belt and Road Initiative Context
International Flows in the Belt and Road Initiative Context

Author: Hing Kai Chan

Publisher: Springer Nature

Published: 2020-04-27

Total Pages: 309

ISBN-13: 9811531331

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This edited volume brings together a wide range of academics to engage with inter-disciplinary research perspectives in response to the development of The Belt and Road Initiative (BRI) which opens unparalleled opportunities to gain access to new markets in Asia, Europe and Africa. The collection examines opportunities offered in key areas such as trade and investment, policy coordination, facilities connectivity and cultural exchange. It also notably considers how the historical, environmental, cultural and political background to the BRI impacts this hugely ambitious plan which has been described as the ‘new Silk Road', as well as the challenges across these spheres in a part of the world which has witnessed much instability historically. Chapter "Between Adoption and Resistance. China’s Efforts of ‘Understanding the West,’ the Challenges of Transforming Monarchical Legitimacy, and the Rise of Oriental Exceptionalism, 1860-1910” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The International Law of Investment Claims
The International Law of Investment Claims

Author: Zachary Douglas

Publisher: Cambridge University Press

Published: 2009-06-11

Total Pages: 685

ISBN-13: 0521855675

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This book is a codification of the principles and rules relating to the prosecution of investment claims.

Securing the Belt and Road Initiative
Securing the Belt and Road Initiative

Author: Alessandro Arduino

Publisher: Springer

Published: 2018-02-01

Total Pages: 311

ISBN-13: 9811071160

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This collection explores the expansion of Chinese outbound investments, aimed to sustain the increased need for natural resources, and how they have amplified the magnitude of a possible international crisis that the People’s Republic of China may face in the near future by bringing together the views of a wide range of scholars. President Xi’s Belt and Road initiative (BRI), aimed to promote economic development and exchanges with China for over 60 countries, necessitates a wide range of security procedures. While the threats to Chinese enterprises and Chinese workers based on foreign soil are poised to increase, there is an urgent need to develop new guidelines for risk assessment, special insurance and crisis management. While the Chinese State Owned Enterprises are expanding their international reach capabilities, they still do not have the capacity to assure adequate security. In such a climate, this collection will be of profound value to policy makers, those working in the financial sector, and academics.

Mapping China’s ‘One Belt One Road’ Initiative
Mapping China’s ‘One Belt One Road’ Initiative

Author: Li Xing

Publisher: Springer

Published: 2018-08-13

Total Pages: 303

ISBN-13: 3319922017

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This book sets out to analyze how the OBOR initiative will influence the world’s geo-political and geo-economic environment, with specific regard to the ‘Belt and Road’ countries and regions. It evaluates what opportunities the OBOR can offer them in light of the constraints they face, paying particular attention to how security issues may keep some nations from fully participating. Questions are also asked about the tension and conflict along the ‘Belt’ and ‘Road’, which, after all takes in the Middle East’s most tumultuous regions, as well as the much disputed South China Sea. Finally, consideration is given as to how the world’s other economic powers will react when the OBOR inevitably brings about capital and resource competitions.