Chapter 4 Dispute Resolution along the Belt and Road Initiative

Author(s):  
Marilena Chrysanthakopoulou
2019 ◽  
Vol 113 ◽  
pp. 370-374
Author(s):  
Weixia Gu

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.


2020 ◽  
Vol 8 (1) ◽  
pp. 30-39
Author(s):  
Justice Steven Chong

Abstract Historically, Singapore has played an important role in the growth and success of the old maritime Silk Road. Today, Singapore remains an important stop on the Belt and Road, though its advantages now also lie in its position as a trusted, neutral forum for the efficient resolution of disputes as well as a platform for the sharing of ideas for the development of a legal framework for dispute resolution in the Belt and Road Initiative. Three initiatives have been taken by Singapore to strengthen its new position, including the Asian Business Law Institute, the Singapore International Commercial Court, and the Singapore–China Annual Legal and Judicial Roundtable.


2019 ◽  
Vol 68 (04) ◽  
pp. 903-942 ◽  
Author(s):  
Zhengxin Huo ◽  
Man Yip

AbstractThe article critically reviews the litigation framework of the Chinese International Commercial Court (‘CICC’) using a comparative approach, taking as a benchmark the Singapore International Commercial Court (‘SICC’)—another Asian international commercial court situated within the Belt and Road Initiative (‘BRI’) geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained by the differences in objectives. Whereas the SICC was created to compete for international judicial business and bolster Singapore as a leading dispute resolution hub, the CICC is presently designed to provide a legal safeguard in BRI disputes with Chinese elements. This article also identifies major challenges confronting the CICC and sets out proposals for change.


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