Managing Belt And Road Business Disputes

Author : Michael Moser,Chiann Bao
Publisher : Kluwer Law International B.V.
Page : 460 pages
File Size : 44,9 Mb
Release : 2021-04-07
Category : Law
ISBN : 9789403519340

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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.

Author : Wenhua Shan,Sheng Zhang,Jinyuan Su
Publisher : Cambridge University Press
Page : 0 pages
File Size : 45,9 Mb
Release : 2022-09-29
Category : Law
ISBN : 1009306057

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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 : Locknie Hsu
Publisher : Edward Elgar Publishing
Page : 197 pages
File Size : 44,6 Mb
Release : 2022-12-06
Category : Law
ISBN : 9781803922690

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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 J. Moser
Publisher : Juris Publishing, Inc.
Page : 0 pages
File Size : 50,6 Mb
Release : 2009
Category : Arbitration and award
ISBN : 1933833289

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Business Disputes in China by Michael J. Moser Pdf

Author : Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland)
Publisher : Cambridge University Press
Page : 495 pages
File Size : 40,6 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107035867

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Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland) Pdf

Addresses the most central debates in contemporary investment law and policy.

Author : Hing Kai Chan,Faith Ka Shun Chan,David O'Brien
Publisher : Springer Nature
Page : 309 pages
File Size : 44,5 Mb
Release : 2020-04-27
Category : Political Science
ISBN : 9789811531330

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International Flows in the Belt and Road Initiative Context by Hing Kai Chan,Faith Ka Shun Chan,David O'Brien Pdf

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.

Author : XIAO Gang
Publisher : Routledge
Page : 150 pages
File Size : 50,7 Mb
Release : 2020-11-30
Category : Business & Economics
ISBN : 9781000287776

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Financing China’s Belt and Road Initiative by XIAO Gang Pdf

Centering on the investment and financing infrastructure of China's Belt and Road Initiative (BRI), this book puts forth the basic principles and general objectives of constructing a new investment and financing system of this magnitude. Beginning with a succinct analysis of the practical issues faced while developing the BRI's investment and financing system, the authors put forward several approaches to optimizing and reestablishing the system for the further advancement of investment and financing among and beyond the Belt and Road countries. Topics include credit rules, management and control systems, investment protection, dispute settlement and risk assessment while establishing a new mechanism that helps resolve debt defaults, checks for potential corruption and bribery, fosters new growth, and enhances information transparency. The book will be a practical reference for researchers interested in the Belt and Road Initiative and world investment and finance, as well as policymakers, financial institutions and enterprises relevant to the BRI.

Author : Giuseppe Martinico,Xueyan WU
Publisher : Palgrave Macmillan
Page : 284 pages
File Size : 50,6 Mb
Release : 2020-05-30
Category : Law
ISBN : 3030459993

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A Legal Analysis of the Belt and Road Initiative by Giuseppe Martinico,Xueyan WU Pdf

What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.

Author : Anna Visvizi,Miltiadis D. Lytras,Wadee Alhalabi,Xi Zhang
Publisher : Emerald Group Publishing
Page : 225 pages
File Size : 52,5 Mb
Release : 2019-07-10
Category : Business & Economics
ISBN : 9781787566811

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The New Silk Road leads through the Arab Peninsula by Anna Visvizi,Miltiadis D. Lytras,Wadee Alhalabi,Xi Zhang Pdf

This book is an incisive query into the origins, implications and opportunities that China’s Belt and Road Initiative creates for stakeholders in Asia and the Arab World. It emphasises the role of cutting-edge technology in boosting collaboration in the fields of politics, economics, business, and culture across regions, countries and continents.

Author : Jennifer Hillman,David Sacks
Publisher : Council on Foreign Relations Press
Page : 190 pages
File Size : 42,8 Mb
Release : 2021-03-23
Category : Electronic
ISBN : 0876098006

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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.

Author : Jerry J. Zhang
Publisher : Routledge
Page : 165 pages
File Size : 49,9 Mb
Release : 2021-09-26
Category : Business & Economics
ISBN : 9781000455755

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Chinese Business and the Belt and Road Initiative by Jerry J. Zhang Pdf

This book looks at how Chinese companies optimize investment opportunities while implementing the Belt and Road Initiative (B&R or BRI). Specifically, it studies five high-profile infrastructure projects undertaken by Chinese firms. Going in-depth through case-study analysis, this book fills a gap by providing the background stories of these projects. By applying a case study approach to five notable and representative B&R projects, including Hambantota Port, the Port de Djibouti, and China–Belarus Industrial Park, it is found that strategies of Chinese firms to implement the BRI have been designed to achieve property rights security, reduction of transaction costs, and internalization of benefits overflowing from expanded business scope or multiple business lines. With firsthand data from host stakeholders and on-ground project managers, this book is a highly relevant and valuable text for policy makers and researchers hoping to understand the policy impact and implications of B&R investments on targeted countries

Author : Sundaresh Menon,Anselmo Reyes
Publisher : Bloomsbury Publishing
Page : 389 pages
File Size : 52,6 Mb
Release : 2023-01-12
Category : Law
ISBN : 9781509954995

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Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic by Sundaresh Menon,Anselmo Reyes Pdf

In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR). The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all? With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.

Author : Li Xing
Publisher : Springer
Page : 303 pages
File Size : 44,7 Mb
Release : 2018-08-13
Category : Political Science
ISBN : 9783319922010

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Mapping China’s ‘One Belt One Road’ Initiative by Li Xing Pdf

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.

Author : Jiuping Xu,Fulya Altiparmak,Mohamed Hag Ali Hassan,Fausto Pedro García Márquez,Asaf Hajiyev
Publisher : Springer Nature
Page : 854 pages
File Size : 49,9 Mb
Release : 2022-07-13
Category : Technology & Engineering
ISBN : 9783031103889

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Proceedings of the Sixteenth International Conference on Management Science and Engineering Management – Volume 1 by Jiuping Xu,Fulya Altiparmak,Mohamed Hag Ali Hassan,Fausto Pedro García Márquez,Asaf Hajiyev Pdf

This book covers many hot topics, including theoretical and practical research in many areas such as dynamic analysis, machine learning, supply chain management, operations management, environmental management, uncertainty, and health and hygiene. It showcases advanced management concepts and innovative ideas. The 16th International Conference on Management Science and Engineering Management (2022 ICMSEM) will be held in Ankara, Turkey, during August 3-6, 2022. ICMSEM has always been committed to promoting innovation management science (M-S) and engineering management (EM) academic research and development. The book provides researchers and practitioners in the field of Management Science and Engineering Management (MSEM) with the latest, cutting-edge thinking and research in the field. It will appeal to readers interested in these fields, especially those looking for new ideas and research directions.

Author : Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 46,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528632

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura Pdf

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.