Managing Belt And Road Business Disputes
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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.
Managing Business Disputes In Today S China
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Author : Michael J. Moser
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2007-01-01
Managing Business Disputes In Today S China written by Michael J. 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 2007-01-01 with Business & Economics categories.
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.
Dispute Resolution Mechanism For The Belt And Road Initiative
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Author : Guiguo Wang
language : en
Publisher: Springer Nature
Release Date : 2020-01-23
Dispute Resolution Mechanism For The Belt And Road Initiative written by Guiguo Wang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 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.
China And International Dispute Resolution In The Context Of The Belt And Road Initiative
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Author : Wenhua Shan
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-29
China And International Dispute Resolution In The Context Of The Belt And Road Initiative written by Wenhua Shan 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 2022-09-29 with Law categories.
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.
A Step Forward For Tax Dispute Resolution Between China And Asean Countries Under The Belt And Road Initiative
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Author : Xu Diheng
language : en
Publisher:
Release Date : 2019
A Step Forward For Tax Dispute Resolution Between China And Asean Countries Under The Belt And Road Initiative written by Xu Diheng and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
China has a closer business relationship with Southeast Asian countries under the Belt and Road Initiative (BRI). To ensure tax certainty for the investment, it is necessary to establish an effective and efficient tax dispute resolution mechanism. The mutual agreement procedure (MAP) is the primary means, but it has its limitations, especially for countries in this region. Arbitration could be a powerful complementary to the MAP. China has established a new BRI Court-connected and Mediation Centre (Centre) that aims to resolve commercial disputes in this region. It seems like a new alternative for resolving tax disputes since it combines mediation with arbitration. This article analyzes the pros and cons of adopting arbitration as a complementary means to the MAP in this region. It further discusses the advantages and concerns for the Centre. Although the Centre encourages using mediation to resolve disputes, which could address problems of direct arbitration, it is difficult to maintain impartiality from its current rough rules and its position. This article makes suggestions on improving the mechanism to guarantee the impartiality by selecting mediators and arbitrators with knowledge of the region, endowing disputants the right to appeal, and increasing transparency.
International Flows In The Belt And Road Initiative Context
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Author : Hing Kai Chan
language : en
Publisher: Springer Nature
Release Date : 2020-04-27
International Flows In The Belt And Road Initiative Context written by Hing Kai Chan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-27 with Political Science categories.
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.
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.
Resolving Business Disputes
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Author : Stephen De B. Bate
language : en
Publisher:
Release Date : 2020-06
Resolving Business Disputes written by Stephen De B. Bate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06 with Business enterprises categories.
Resolving Business Disputes will give company directors, business executives and other commercial decision-makers a unique and essential insight into how to resolve business disputes and to reach the best outcomes by making effective decisions. The book is also aimed at dispute resolution lawyers, litigation funders and insurers.It is a guide, explaining the unique choices created by commercial conflict, basic workings of the law about disputes, the main avenues of dispute resolution, the forecasting of litigation outcomes for cases going to court, the funding of legal cases, the management of the risk involved, the creation of a dispute strategy, how to make the best use of legal advice and how to negotiate effectively. Finally, by using objective criteria the guide explains how to decide whether to end a dispute by negotiated settlement or by taking a case all the way to a court judgment or other conclusion.In view of the profound implications of Covid-19 for trade and commerce, the book also contains an introduction to key issues raised by the pandemic for the resolution of contract disputes.
Market Development And Policy For One Belt One Road
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Author :
language : en
Publisher: Elsevier
Release Date : 2022-08-25
Market Development And Policy For One Belt One Road written by and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
The Belt and Road initiative is marketed by the Chinese government as the "twenty-first century maritime Silk Road” and the "Silk Road economic belt”. The initiative encourages policy coordination, trade facilitation, financial integration, and transport connectivity. The Belt and Road initiative covers at least 65 countries across Asia, Africa, the Middle East, and Europe, involving 70% of the global population, 75% of world energy reserves and 55% of world GNP. Such an initiative is expected to bring significant impacts to the transport and logistics industry in the regions involved. The transport and logistics sector not only directly contributes to the production of transport and logistics services, but also provides essential inputs to other sectors such as tourism, trade, infrastructure investment and management. Therefore, it is important to jointly analyse the implications of the Belt and Road initiative to the transport and logistics sectors, the best strategies and operation practices that the industry can pursue, and the right government policies that should be implemented in relation to the initiative. Reviews the historical development and current status of the transport and logistics industries in the markets covered by the Belt and Road initiative and identifies the determinants of market performances and industry policies Models the market mechanisms and firms' decision-making patterns so that the effects of alternative business strategies and industry policies can be evaluated, helping stakeholders to identify the business opportunities brought by the Belt and Road initiative and predict the associated implications and policy changes related to the transport and logistics industry Brings together studies on important issues that may have inter-related effects and influences by: analysing different modes of transport and logistics services (e.g. maritime and inland river transport, aviation, rail, and road transports); investigating both regional and international markets that are covered by the Belt and Road initiatives, with a focus on Europe, China and Northeast Asia; and studying important issues related to business strategies, government regulation, social welfare and firm performances
China S Belt And Road Initiative In A Global Context
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Author : Jawad Syed
language : en
Publisher: Springer
Release Date : 2019-06-17
China S Belt And Road Initiative In A Global Context written by Jawad Syed and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-17 with Business & Economics categories.
Bringing together a collection of interdisciplinary chapters on China’s Belt and Road Initiative (BRI, or also known as One Belt One Road), this book offers a comprehensive overview of the topic from a business and management perspective. With contributions from scholars based in Asia, Europe and North America, Volume I provides theoretical and empirical analysis of the opportunities and challenges facing businesses in relation to BRI. Key areas covered include economics and finance, history, trade, value chain and human resource and cross-cultural management, creating a useful tool for academics, as well as policy-makers and practitioners in China and other countries along the new Silk Road.