Managing 'Belt and Road' business disputes : a case study of legal problems and solutions / edited by Michael Moser, Chiann Bao.

Format:

Book

Contributor:

Möser, Michael.

Bao, Chiann.

Language:

English

Subjects (All):

Yi dai yi lu (Initiative : China).

Physical Description:

1 online resource (481 pages)

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2021.

Summary:

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.

Contents:

Introduction / Michael Moser & Chiann Bao

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

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

Informal Dispute Settlement Approaches / Helen Tang

Arbitration Inside China / Arthur Ma & Sharon Yang

Arbitration Outside China / Cameron Hassall & Dominque Yong

International Commercial Courts / Anselmo Reyes

Treaty Framework / Matthew Hodgson

Investment Treaty Remedies / Nils Eliasson

Litigation in China / Fang Zhao, Jiji Wu & Ruowen Wang

Force Majeure and Hardship Tai-Heng Cheng & Jennifer Lim / Chinese SOEs and Their Investments along the Belt and Road / Cao Lijun

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

Project Finance / Matt Secomb & Philip Tan

Corruption and Bribery / Louie Llamzon

Sanctions / Meg Utterbeck

Climate Change Dispute Options / Judith Levine & Nicola Swan

Enforcement of Dispute Outcomes / Friven Yeoh & Yan Zhang

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

Endgame / Michael Moser, Chiann Bao, John Choong & Chan Yong Wei.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

94-035-1933-9

94-035-1934-7

OCLC:

1250360498