Skip to main content Accessibility help
×
Hostname: page-component-788cddb947-kc5xb Total loading time: 0 Render date: 2024-10-15T03:47:12.882Z Has data issue: false hasContentIssue false

2 - One Belt, One Road, One Clause for Dispute Resolution?

from Part I - China, BRI and International Dispute Resolution

Published online by Cambridge University Press:  03 March 2021

Wenhua Shan
Affiliation:
Xian Jiaotong University, China
Sheng Zhang
Affiliation:
Xian Jiaotong University, China
Jinyuan Su
Affiliation:
Wuhan University School of Law
Get access

Summary

It examines the dispute solution options the contracting parties have when their cross-border transaction turns sour. The traditional answer is that international arbitration is the best option to govern cross-border disputes. Yet recent trends have improved the enforceability of foreign judgments. This chapter argues that the foreign judgment is catching up with the foreign arbitral award in terms of enforceability. After introducing the consistent enforceability of foreign judgments in common law countries, it highlights a number of contemporary trends that are gradually improving the enforceability of foreign judgments in civil law countries. In the end, it discusses the fledgling potential of the 2005 Hague Convention on Choice of Court Agreements to standardise the law and practice of enforcement of judgments made by designated courts in exclusive choice of court agreements.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×