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The Dynamics of International Dispute Resolution Business in the Belt and Road

Published online by Cambridge University Press:  31 December 2019

Weixia Gu
Affiliation:
University of Hong Kong.

Extract

China's Belt and Road Initiative (BRI) ambitiously aspires toward expanding regional markets and facilitating economic integration across Asia and Europe. It has been regarded as a game-changer on the landscape of dispute resolution market, triggering a proliferation of “adjudication business.” This report examines the dynamics of international dispute resolution in context of the BRI, discussed from the three following perspectives: (1) BRI investors and disputants; (2) three major means of dispute resolution on offer; and (3) institutions involved.

Type
Asia's Response to the U.S. Indo-Pacific Strategy
Copyright
Copyright © 2019 by The American Society of International Law

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References

1 People's Republic of China National Development & Reform Commission Press Release, Visions and Actions on Jointly Building Silk Road Economic Belt and 21st Century Maritime Silk Road (Mar. 28, 2015), at http://en.ndrc.gov.cn/newsrelease/201503/t20150330_669367.html.

2 Pamela Bookman, The Adjudication Business, Yale J. Int'l L. (forthcoming 2019), Temple University Legal Studies Research Paper No. 2019-08.

3 Weixia Gu, China's Belt and Road Development and a New International Commercial Arbitration Initiative in Asia, 51 Vand. J. Transnat'l L. 1305, 1317 (2018).

4 World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Disputes, Art. 22(3)(a), Annex 2 of WTO Agreement.

5 Id. Art. 22(6).

6 Huaxia Lai & Gabriel Lentner, Paving the Silk Road BIT by BIT: An Analysis of Investment Protection for Chinese Infrastructure/Projects Under the Belt and Road Initiative, in The Belt And Road Initiative: Law, Economics And Politics 276 (Julien Chaisse & Jedrzej Górski eds., 2018).

7 Id. at 276.

8 Wenhua Shan & Norah Gallagher, China, in Commentaries On Selected Model Investment Treaties 160 (Chester Brown ed., 2013).

9 Lai & Lentner, supra note 6, at 277.

10 Matthew Erie, Indo-Pacific Legal Infrastructure: A China Perspective, 113 Asil Proc. 374–378 (2019).

11 China International Commercial Court, The Supreme People's Court Established the International Commercial Expert Committee, at http://cicc.court.gov.cn/html/1/219/208/209/981.html.

12 Matthew Erie, The China International Commercial Court: Prospects for Dispute Resolution for the “Belt and Road Initiative, 22 ASIL Insights (2018); Chinese International Commercial Court, Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court, Art.12.

13 Id.

14 International Bar Association (IBA Arb 40 Subcommittee), The Current State and Future of International Arbitration: Regional Perspectives, 8 (Aug. 2015).

15 Anselmo Reyes, ASEAN and The Hague Conventions, 21 Asia Pac. L. Rev. 25 (2016).

16 International Bar Association (IBA Arb 40 Subcommittee), The Current State and Future of International Arbitration: Regional Perspectives, 9 (Aug. 2015).

17 Id. at 10.

18 Timothy Schnabel, The Singapore Convention on Mediation: A Framework for the Cross-Border Recognition and Enforcement of Mediated Settlements 19 Pepp. Disp. Resol. L.J. 1 (2019), 8; UN Comm'n on Int'l Trade Law, Report on the Work of Its Fifty-First Session, para. 44, UN Doc. A/73/17 (2018).

19 Rachel Chiu & Li Hsien, A World Without Borders; A New World Order: Navigating Cross-Border Insolvencies Through Arbitration, 14 Asian Int'l Arb. J. 117, 120 (2018).

20 Schnabel, supra note 18, at 4.

21 Michael Hwang, Commercial Courts and International Arbitration—Competitors or Partners?, 31 Arb. Int'l 193 (2015) (in which the author argues that the two are both competitors and partners).

22 Bookman, supra note 2.

23 China International Commercial Court, A Brief Introduction of China International Commercial Court, at http://cicc.court.gov.cn/html/1/219/193/195/index.html.

24 CIETAC, International Arbitration Rules 2017, available at http://www.cietac.org/Uploads/201709/59c8d60367bb5.pdf.

25 SCIA, Arbitration Rules, at http://www.sccietac.org/web/doc/rules_list.html.

26 International Chamber of Commerce, ICC MoU with Shenzhen Court of International Arbitration Extends Facilities to Arbitration Users (2017), at https://iccwbo.org/media-wall/news-speeches/icc-mou-with-shenzhen-court-of-international-arbitration-extends-facilities-to-arbitration-users.

27 Man Yip, Resolution of Disputes Before the Singapore International Commercial Court, 65 Int'l & Comp. L. Q. 439 (2016).

28 Memorandum of Guidance Between the Supreme People's Court of the People's Republic of China and the Supreme Court of Singapore on Recognition and Enforcement of Money Judgments in Commercial Cases, Art. 5.

29 Id.

31 Ministry of Law Singapore Press Release, Singapore and China Mediation Centres Work Together to Help Businesses Resolving Disputes Along the Belt and Road (2017), at https://www.mlaw.gov.sg/content/minlaw/en/news/press-releases/singapore-and-china-mediation-centres-work-together-to-help-busi.html.

32 Lin Zhiwei, Belt and Road a Turning Point for Arbitration in China?, Chinese Bus L.J. (Oct. 16, 2017).

33 Anselmo Reyes, The Business of International Dispute Resolution, 4 J. Int'l & Comp. L. 69 (2017); Bookman, supra note 2.

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