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
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Author : Locknie Hsu
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-06
Dispute Settlement For Asean Businesses Under The Belt And Road Initiative written by Locknie Hsu and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-06 with Law categories.
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.
Dispute Resolution Mechanism For The Belt And Road Initiative
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Author : Guiguo Wang
language : en
Publisher: Springer
Release Date : 2021-01-24
Dispute Resolution Mechanism For The Belt And Road Initiative written by Guiguo Wang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-24 with Law categories.
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
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Author : Calamita, Nicolas J.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-07-19
Asean And The Reform Of Investor State Dispute Settlement written by Calamita, Nicolas J. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-19 with Law categories.
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.
Managing Belt And Road Business Disputes
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Author : Michael Moser
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-04-07
Managing Belt And Road Business Disputes written by Michael Moser and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-07 with Law categories.
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.
China S Belt And Road Initiative Going Global And Transformation In The Global Arena
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Author : Hui Nee Au Yong
language : en
Publisher: World Scientific
Release Date : 2022-01-06
China S Belt And Road Initiative Going Global And Transformation In The Global Arena written by Hui Nee Au Yong and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-06 with Political Science categories.
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.
International Governance And The Rule Of Law In China Under The Belt And Road Initiative
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Author : Yun Zhao
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-18
International Governance And The Rule Of Law In China Under The Belt And Road Initiative written by Yun Zhao and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-18 with Law categories.
Evaluates the challenges and changes that the Belt and Road Initiative brings to China in international law and governance.
Resolution Of Disputes Between Foreign Banks And Chinese Sovereign Borrowers
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Author : Yiming Shen
language : en
Publisher:
Release Date : 2000
Resolution Of Disputes Between Foreign Banks And Chinese Sovereign Borrowers written by Yiming Shen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Banks and banking, Foreign categories.
New Asian Regionalism In International Economic Law
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Author : Pasha L. Hsieh
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
New Asian Regionalism In International Economic Law written by Pasha L. Hsieh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.
Provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law.
Asean And The Belt And Road Initiative
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Author : Basil C. Bitas
language : en
Publisher:
Release Date : 2013
Asean And The Belt And Road Initiative written by Basil C. Bitas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with China categories.
"The Belt and Road Initiative (0́−BRI0́+) is a seminal development concept of global and regional import. Unique in scope and ambition, it has the potential to offer a new development paradigm based on flexibility and operational efficiency. This book highlights the range of interdisciplinary expertise and applied skills, whether of a legal, commercial, financial or operational nature, required to bring the BRI and its defining projects to fruition while setting them within a broader economic and geopolitical frame. Readers will gain an understanding of the BRI0́9s significance as a development platform and acquire a detailed sense of how best to seize the opportunities arising therefrom. The BRI as both an idea and a development platform is destined to affect and shape the region for years to come. This book contextualises these developments and lays a foundation for informed analysis, decision-making and action"--
The Singapore Convention On Mediation
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Author : Nadja Alexander
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-08-11
The Singapore Convention On Mediation written by Nadja Alexander and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.