Dispute Settlement For Asean Businesses Under The Belt And Road Initiative
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Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative by Locknie Hsu Pdf
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.
Author : Michael Moser,Chiann Bao Publisher : Kluwer Law International B.V. Page : 460 pages File Size : 52,6 Mb Release : 2021-04-07 Category : Law ISBN : 9789403519340
Managing 'Belt and Road' Business Disputes by Michael Moser,Chiann Bao Pdf
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.
Dispute Resolution Mechanism for the Belt and Road Initiative by Guiguo Wang,Yuk-Lun Lee,Mei-Fun Leung Pdf
This book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises—arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.
ASEAN and the Reform of Investor-State Dispute Settlement by Calamita, Nicolas J.,Giannakopoulos, Charalampos Pdf
The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states.
China's Belt And Road Initiative: Going Global And Transformation In The Global Arena by Hui Nee Au Yong,Xuchuan Yuan,Linda Low Pdf
China's President Xi Jinping launched the Belt and Road Initiative (BRI) in 2013. The BRI is promoted as a way for win-win cooperation that promotes common development and prosperity. Since the introduction of BRI, China organised the inaugural One Belt One Road Summit and the Second Belt and Road Forum to spur the implementation of the Initiative.President Xi emphasised that the Belt and Road projects should uphold the principles of shared benefits and joint contributions to realise the vision of a high-quality, open, green and clean BRI. Host countries can possibly gain from China's greenfield manufacturing investments to expand the BRI markets.Contributed by academics and business professionals from Asia, Europe and Africa, the chapters discuss the contemporary people, business, civil society and government developments related to the BRI and explore Health, Environment and Security (HES) challenges that confront the Initiative. This volume shows how a host country can leverage on China's investment without losing the nation's interest.
Proceedings of the 2nd International Conference on Business and Policy Studies by Canh Thien Dang,Javier Cifuentes-Faura,Xiaolong Li Pdf
This proceedings volume contains papers accepted by the 2nd International Conference on Business and Policy Studies (CONF-BPS 2023), which are carefully selected and reviewed by professional reviewers from corresponding research fields and the editorial team of the conference. This volume presents the latest research achievements, inspirations, and applications in applied economy, finance, enterprise management, public administration, and policy studies. CONF-BPS 2023 was a hybrid conference that includes several workshops (offline and online) around the world in Cardiff (Jan, 2023), London(Feb, 2023) and Sydney (Feb, 2023). Prof. Canh Thien Dang from King's College London, Prof. Arman Eshraghi from Cardiff Business School, and Prof. Kristle Romero Cortés from UNSW Business School have chaired those offline workshop.
Regional Connection under the Belt and Road Initiative by Fanny M. Cheung,Ying-yi Hong Pdf
China’s Belt and Road Initiative (BRI) is intended to radically increase investment and integration along a series of land and maritime routes. As the initiative involves more than 100 countries or international organizations and huge amounts of infrastructure construction, cooperation between many different markets is essential to its success. Cheung and Hong have edited a collection of essays that, between them, examine a range of practical issues facing the BRI and how those issues are being addressed in a range of countries. Such challenges include managing financing and investment, ensuring infrastructure connectivity, and handling the necessary e-commerce and physical logistics. Emphasizing the role of Hong Kong as an intermediary and enabler in the process, this book attempts to tackle the key practical challenges facing the BRI and anticipate how these challenges will affect the initiative’s further development. The book provides a holistic and international approach to understanding the implementation of the BRI and its implications for the future economic integration of this huge region. Chapter 5 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780429467172_oachapter5.pdf
Comparative and Transnational Dispute Resolution by Shahla Ali Pdf
This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.
China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' by Wenhua Shan,Sheng Zhang,Jinyuan Su Pdf
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.
Author : Michael J. Moser Publisher : Juris Publishing, Inc. Page : 844 pages File Size : 54,7 Mb Release : 2008-09-01 Category : Law ISBN : 9781933833200
Arbitration in Asia - 2nd Edition by Michael J. Moser Pdf
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.
Services Liberalization in ASEAN by Tham Siew Yean,Sanchita Basu Das Pdf
The services sector plays an important role in ASEAN economies as it accounts for about half of the region’s GDP and more than 45 per cent of its total employment. ASEAN aspires to deepen integration in the services sector in order to enhance the sector’s contribution to economic development and growth in each country. Despite this, services liberalization has progressed slowly compared to goods liberalization both at the multilateral and the regional levels. Different regulatory mechanisms across countries have contributed to the slow pace of liberalization.
Asian Economic Integration in an Era of Global Uncertainty by Shiro Armstrong,Tom Westland Pdf
The Pacific Trade and Development (PAFTAD) conference series has been at the forefront of analysing challenges facing the economies of East Asia and the Pacific since its first meeting in Tokyo in January 1968. The 38th PAFTAD conference met at a key time to consider international economic integration. Earlier in the year, the people of the United Kingdom voted to leave the European Union and the United States elected Donald Trump as their next president on the back of an inward-looking ‘America First’ promise. Brexit and President Trump represent a growing, and worrying, trend towards protectionism in the North Atlantic countries that have led the process of globalisation since the end of the Second World War. The chapters in the volume describe the state of play in Asian economic integration but, more importantly, look forward to the region’s future, and the role it might play in defending the global system that has underwritten its historic rise. Asia has the potential to stand as a bulwark against the dual threats of North Atlantic protectionism and slowing trade growth, but collective leadership will be needed regionally and difficult domestic reforms will be required in each country.
China's Belt and Road by Jennifer Hillman,David Sacks Pdf
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.