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Author: Michael Moser
Publisher: Kluwer Law International B.V.
ISBN: 9403519347
Category : Law
Languages : en
Pages : 460
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Book Description
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: Michael Moser
Publisher: Kluwer Law International B.V.
ISBN: 9403519347
Category : Law
Languages : en
Pages : 460
Get Book Here
Book Description
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: Michael J. Moser
Publisher: Kluwer Law International B.V.
ISBN: 9041124624
Category : Business & Economics
Languages : en
Pages : 356
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Book Description
With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.
Author: Wenhua Shan
Publisher: Cambridge University Press
ISBN: 9781009306058
Category : Law
Languages : en
Pages : 0
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Book Description
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: Guiguo Wang
Publisher: Springer Nature
ISBN: 9811519757
Category : Law
Languages : en
Pages : 160
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Book Description
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.
Author: Locknie Hsu
Publisher: Edward Elgar Publishing
ISBN: 1803922699
Category : Law
Languages : en
Pages : 197
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Book Description
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: Hing Kai Chan
Publisher: Springer Nature
ISBN: 9811531331
Category : Political Science
Languages : en
Pages : 309
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Book Description
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: Anna Visvizi
Publisher: Emerald Group Publishing
ISBN: 1787566811
Category : Business & Economics
Languages : en
Pages : 225
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Book Description
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: World Bank
Publisher: World Bank Publications
ISBN: 1464814651
Category : Business & Economics
Languages : en
Pages : 199
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Book Description
China proposed the Belt and Road Initiative in 2013 to improve connectivity and cooperation on a transcontinental scale. This study, by a team of World Bank Group economists led by Michele Ruta, analyzes the economics of the initiative. It assesses the connectivity gaps between economies along the initiative’s corridors, examines the costs and economic effects of the infrastructure improvements proposed under the initiative, and identifies complementary policy reforms and institutions that will support welfare maximization and mitigation of risks for participating economies.
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
ISBN: 1933833203
Category : Law
Languages : en
Pages : 844
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Book Description
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.
Author: Andrew W. H. Ip
Publisher: CRC Press
ISBN: 9781032055695
Category : Economic development
Languages : en
Pages : 0
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Book Description
"China's Belt and Road Initiatives (BRI) is an ambitious infrastructure project conceived in 2013 by President Xi Jinping with development and investment initiatives stretching from Asia and Europe that reflect the original Silk Road with business networks through countries such as Afghanistan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, as well as India and Pakistan, spanning a route of more than four thousand miles and history that can be dated back more than 2200 years. Given the background of China's unique approach in fighting the COVID-19, and against the backdrop of sluggish economic growth, innovation and management within the sustainable development of BRI will be the key and the driving force for the post-pandemic economic recovery for many countries, especially when BRI countries now accounts for nearly 30% of China's foreign trade and 15% of outward direct investment. The vision to create a vast network of railways, energy pipelines, highways, and streamlined border crossings to expand the international use of Chinese currency and improve connectivity to China is good foresight and fortuitous with COVID-19 pandemic came to plague the world, and amid in the conflicts between US and China as well as a War between Russia and Ukraine. Since the inception of BRI many books are written to cover topics ranging from globalization to detailing how China's business and politics as a major motivation for China's overseas economic activities with case studies and practices, yet seldom of these books provide structured approach to the sustainable management of BRI projects. This book is about how to manage innovation, sustainability, and business necessary to make BRI works, and how to handle the issues, problems and crisis that may arise thereof. Participants of BRI projects can take many different roles but ultimately it is team effort and leadership for each project. Here the readers will find guidelines and insights to survive and prosper in a myriad of BRI opportunities and risks. Most important of all, this book provides a glimpse of different approach for success in BRI projects, including sustainability, environmental issues, social and political aspects, technological, choice of industry, project management, education and training, governance and many more"--
