Paradigm shift; the emergence of arbitral forum shopping in CPEC investment disputes

2019 ◽  
Vol 18 (3) ◽  
pp. 136-151
Author(s):  
Rao Qasim Idrees ◽  
Rohimi Shapiee ◽  
Haniff Ahamat
Keyword(s):  
Dispute Resolution ◽  
Trade Agreement ◽  
Silk Road ◽  
Forum Shopping ◽  
Legal Research ◽  
Investment Policies ◽  
Content Type ◽  
Belt And Road ◽  
Dispute Resolution Mechanism ◽  
Commercial Disputes

Purpose The phenomena of arbitral forum shopping to resolve a commercial investment dispute is still under development and more complicated in many states. However, for Pakistan, it seems in an evolutionary phase, where the country is struggling hard to adopt the best practice of dispute resolution through forum shopping clauses. This struggle is even more inflated with huge Chinese investment through China Pakistan economic corridor (CPEC) projects in Pakistan, which come alongside with commercial investment disputes. For this purpose, the current treaty or contract-based system between China and Pakistan and litigation based domestic civil court structure look obsolete, hence, appear to require reinstatement of forum shopping clauses under concerned treaties or contracts for CPEC investment-related issues. Design/methodology/approach The authors choose a legal research method. The research design is a comparative analysis between CPEC contracts and dispute resolution mechanism between China and Pakistan and also the domestic civil court’s litigation system. This analysis selected by the authors due to inefficient bilateral investment arrangements and efficient resolution of future commercial disputes in CPEC. While the international arbitration system is included in the assessment were particular in the time and space context. The comparison comprises on dispute resolution clauses in free trade agreement (FTA) and bilateral investment treaties (BIT) between China and Pakistan and the system of resolving disputes by CPEC clauses. Findings The authors finds that in the absence of CPEC forum shopping clause under dispute resolution system, Pakistan is highly at risk to lose foreign investors, and therefore, set back the goal of long term economic sustainability in the region. However, China has already made its investment policies safer with establishing three international commercial courts (also referred to as Belt and Road courts), one in Xi’an for the land-based Silk Road Economic Belt, one in Shenzhen for the Maritime Silk Road and one in Beijing that will serve as the headquarters. These courts will be offering litigation, arbitration and mediation services. According to one view, China aims to have all belt and road initiative (BRI) disputes resolved by these courts. This makes Pakistan position more awkward and needs proactive measures, as CPEC investment is based on Pakistan foreign direct investment policies and legal structure. Therefore, it will be complicated and less favourable for Pakistan to deal with such cases under Chinese Courts. Originality/value The paper’s primary contribution is finding that comprehensive analysis of alternative dispute resolution mechanism between China and Pakistan over CPEC investment is inevitable. A socio-legal research combine with an examination of Singapore International Commercial Court functions and mechanism and CPEC plans further contributes to ascertain the best model of the settlement of commercial disputes under investments in Pakistan. This research paper anticipates future economic and legal problems, which Pakistan may encounter.

Assessing the efficacy of forum selection agreements in Commonwealth Africa

2020 ◽  
Vol 7 (2) ◽  
pp. 1-40
Author(s):  
Theophilus Edwin Coleman
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Arbitral Tribunal ◽  
African Countries ◽  
The Subject ◽  
Dispute Resolution Mechanism ◽  
Domestic Support ◽  
Commercial Disputes

Any international commercial agreement has the potential to be the subject of a dispute. In resolving international commercial disputes, parties to a contract are at liberty to choose any dispute resolution mechanism that best serves and meets their commercial interests. Generally, parties to an international commercial contract may resort to courtroom litigation or choose an alternative dispute resolution (ADR) mechanism as a method of resolving their transnational disputes. Underlying almost every international commercial contract, therefore, is a very primary question about where, by whom and how the parties prefer their disputes to be litigated. The response to this question depends on whether parties prefer traditional courtroom litigation, or an ADR mechanism. In most instances, countries put in place dispute resolution regimes that seek to afford contracting parties the liberty to submit their disputes to a foreign forum or an arbitral tribunal for legal redress and/or a remedy. However, while the efficacy of resolving international disputes through arbitration has garnered immense international and domestic support, the submission of disputes by parties to a foreign forum through a forum selection agreement is regarded with much ambivalence in most countries. This article assesses the efficacy of forum selection agreements in Commonwealth Africa. It appraises the judicial approach of courts in Commonwealth African countries relative to the essence and effect of forum selection agreements. This article argues and calls for a higher degree of judicial commitment to the juridical choices of private individuals who are party to an international commercial contract, especially with regard to forum selection agreements.

BRI and its digital dimension: twists and turns

2018 ◽  
Vol 11 (3) ◽  
pp. 311-324 ◽  
Author(s):  
Krzysztof Kozłowski
Keyword(s):  
Central Asia ◽  
Design Methodology ◽  
Silk Road ◽  
Regional Security ◽  
Content Type ◽  
Republic Of China ◽  
Digital Version ◽  
Integration Strategy ◽  
Belt And Road ◽  
Soviet Central Asia

Purpose The purpose of this paper is to analyze the perspectives of the People’s Republic of China (PRC) Belt and Road strategy. The challenge in terms of studying the New Silk Road concept comes from the fact of dramatic difference between the declared ambitions of the Chinese state and the elusive character of concrete Chinese involvement, in particular as far as the digital dimension of the strategy is concerned. Design/methodology/approach The goal will be achieved by comparing the Chinese expansion in the Post-Soviet Central Asia with nowadays declarations concerning the digital version of the New Silk Road. For China, the Post-Soviet Central Asia was the first frontier approached on the basis of genuinely own integration strategy: the New Silk Road Diplomacy, which later evolved into the New Silk Road concept. An overview of Chinese activity in the region tells a lot about its grand strategy of today. Findings To paraphrase T.S. Kuhn, what one sees depends on not only what one is looking at but also what one has learned to notice. The Post-Soviet Central Asia shows the way Beijing thinks about integration. PRC achieved the most by basing on the free rider effect: concentrating on economic expansion, while other Powers provided relative regional security and stability. Originality/value The comparison of the beginnings of the New Silk Diplomacy in the 1990s with the plans of the New Digital Road gives a unique angle to grasp the specific features of the Chinese approach to international integration.

Hong Kong Special Administrative Region, China, and globalization

2020 ◽  
Vol 9 (2) ◽  
pp. 268-276
Author(s):  
Jean A. Berlie
Keyword(s):  
Hong Kong ◽  
Silk Road ◽  
Special Administrative Region ◽  
Belt And Road Initiative ◽  
Content Type ◽  
Administrative Region ◽  
Bay Area ◽  
Belt And Road ◽  
Definition Of

PurposeThis article looks at the differences and similarities between globalization and the role of China on globalization, in particular for the Hong Kong Special Administrative Region of China (HKSAR).Design/methodology/approachThis article is based on research, reading, and interviews on globalization.FindingsChina is promoting the new globalization of the century called Belt and Road Initiative (BRI) which is a unique way to boost again the economy of China.Originality/valueStudies of the New Maritime and Land Silk Road of China are rare; in particular, the role of the HKSAR is ignored. Macau also plays a role because it was the first point of globalization in the seventeenth century. China is really a global country, and the Chinese are numerous in all continents. Chinese Internet role is also mentioned. Globalization is a key concept not only for China and Asia but also for the Hong Kong Special Administrative Region (HKSAR), Africa, and countries in Latin America such as Bolivia and Venezuela. This article looks at the differences and similarities between globalization and the role of China on globalization. The HKSAR and the Greater Bay Area are part of the same country. China is developing the new globalization of the century called, in 2017, the Belt and Road Initiative (BRI). The current definition of Chinese globalization includes land and maritime Silk Road, now the BRI.

Role of Harmonization and Unification in Perspective of China–Pakistan Economic Corridor Physical Infrastructure and Applicable Laws

2020 ◽  
Vol 11 (1) ◽  
pp. 45
Author(s):  
Rao Qasim IDREES ◽  
Zaheer Iqbal CHEEMA ◽  
Jawad RIAZ
Keyword(s):  
Research Paper ◽  
Research Process ◽  
Belt And Road Initiative ◽  
Legal Research ◽  
Investment Policies ◽  
Trade Relations ◽  
Physical Infrastructure ◽  
History Of ◽  
Belt And Road

This research paper centers on logistics investment policies both in legal and social manners for current and future China Pakistan trade with reference to CPEC. With further improvement, many other regional economic players in prospective time may join the CPEC projects, where Afghanistan, Central Asian and SAARC states are prominent to enter for the said purpose. There are different practices around the world to achieve socio economic progress. Hence a unified and harmonized system of applicable rules and regulation is required forthwith in order to get benefits from CPEC. This research paper primarily deals with the history of China Pakistan relations in the context of CPEC and Belt and Road Initiative and their benefits to Pakistan. Furthermore, the role of harmonization and unification among legal rules and physical infrastructure is discussed to find benefits and better solutions.  This study applies legal research process where historical method is conducted to observe the history of Belt and Road Initiative (BRI) which further includes China Pakistan trade relations and their situation regarding logistics investment in CPEC. Furthermore, comparative legal research is applied to find out the differences among Pakistan legal system and international laws to make foreign investment more beneficial. This research concludes that domestic legislation in Pakistan in the areas of logistics and transportation is very limited in scope. Furthermore, such legislation does not cover the broad area of international trade. In current situation it is pertinent for Pakistan to introduce and revise such legislations and codes and not doing so China may again ask Pakistan to enact law as per his own benefits which he did while Pakistan amend Competition and special economic zone laws. Furthermore, CPEC in future will invite many other trade partners for their investment contribution in the region. This necessitates Pakistan to build strong physical infrastructure and negotiate further trade agreements and relevant legislation with other partners in the region and not only rely upon bilateral agreements with China.

Iran’s banking reforms will falter

2017 ◽  
Keyword(s):  
Central Bank ◽  
Dispute Resolution ◽  
Banking Sector ◽  
Banking System ◽  
Banking Reform ◽  
Content Type ◽  
Global Standards ◽  
Central Asian ◽  
European Banks ◽  
Dispute Resolution Mechanism

Subject Iran’s banking sector in urgent need of reform. Significance Tehran's banks face major corruption scandals, and a complex policy environment. In July 2016, the Central Bank of Iran (CBI) announced major plans to reform the country’s banking system in line with global standards. Iranian banks have been cut off from the international financial system since 2012, owing to sanctions. After the 2015 nuclear deal, Iran expected that the lifting of sanctions would reverse this situation. However, despite interest among Central Asian and Turkish banks, progress has been limited. Impacts European banks will be slow to engage with Iran, fearing unpredictable US penalties. Differing US and Iranian interpretations of sanctions lifting under the nuclear deal may come up before the dispute resolution mechanism. Macroeconomic strains will put depreciatory pressure on the currency. If President Hassan Rouhani fails to win re-election in May, the chances of banking reform would be much lower.

The New Face of CEFTA and its Dispute Resolution Mechanisms

2008 ◽  
Vol 33 (3) ◽  
pp. 257-294 ◽  
Author(s):  
Ljiljana Biuković
Keyword(s):  
Dispute Resolution ◽  
Economic Integration ◽  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Trade Agreements ◽  
The European Union ◽  
Western Balkans ◽  
Dispute Resolution Mechanism ◽  
The Eu

AbstractAmendments made to the Central European Free Trade Agreement (CEFTA) in 2006 mark significant developments in the economic integration of the Western Balkans. Among those amendments were changes to the Agreement's dispute resolution mechanism. This article analyzes the latest developments in economic integration in the Western Balkans and examines the nature and operation of the dispute resolution mechanisms used in CEFTA. Explanations for important changes to the dispute settlement process in CEFTA are suggested by examining the context of the members' economic, political, social and legal surroundings. The article surveys ongoing tendencies in the development of dispute resolution mechanisms in other regional trade agreements, in particular those utilized by the European Union (EU), as a means of exploring the rationale behind the new CEFTA. It argues that the EU practice—developed in EU association agreements with third countries—has inspired the 2006 amendments to the CEFTA dispute resolution mechanism.

scholarly journals Dispute Settlement in the Belt and Road Initiative: Lessons from the Singapore Experience

2020 ◽  
Vol 8 (1) ◽  
pp. 30-39
Author(s):  
Justice Steven Chong
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Framework ◽  
Silk Road ◽  
Belt And Road Initiative ◽  
Business Law ◽  
Maritime Silk Road ◽  
Belt And Road ◽  
The Belt And Road

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.

scholarly journals Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan

2020 ◽  
Vol 2 (2) ◽  
pp. 82-97
Author(s):  
I Ketut Simpen ◽  
Herry Indiyah Wismani
Keyword(s):  
Dispute Resolution ◽  
Industrial Relations ◽  
Labor Law ◽  
Human Relationship ◽  
Legal Research ◽  
Labor Organizations ◽  
Positive Law ◽  
Dispute Resolution Mechanism

Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of Rights Disputes and Interest Disputes. This research is a normative legal research that is astudy that mainly analyzes the provisions of positive law and the principles of law, by carrying outsystematic explanations. The problems studied are how is the Industrial Relations Dispute ResolutionMechanism according to the Labor Law. The industrial relations dispute resolution mechanism iscarried out in two ways, namely through a non-litigation path that is carried out by bipartid (eachdisputing party) and tripartid (mediation, negotiation, and consolidation) and through litigationchannels (court lines namely Industrial Relations Control.

Digital Silk Road will boost China's ICT sector

2018 ◽  
Keyword(s):  
Small Firms ◽  
International Markets ◽  
Silk Road ◽  
Transport Infrastructure ◽  
Advanced Country ◽  
Content Type ◽  
Business Environments ◽  
Innovative Capability ◽  
Quality Technology ◽  
Belt And Road

Subject China's Digital Silk Road. Significance The Belt and Road Initiative (BRI) originated as a plan to build transport infrastructure across Eurasia and the Indian Ocean rim. However, it has acquired a digital component as policymakers and executives in the telecoms, technology and space sectors jump on the bandwagon and roll out ambitious internationalisation plans. Impacts Cyberattacks could be a problem for the new digital infrastructure given China's poor record in cybersecurity. The innovative capability of Chinese firms and their expertise in working in difficult business environments should not be underestimated. Advanced-country governments and businesses will face increasing competition in Eurasia. China could eventually become a source of high-quality technology standards and regulations with a global impact, like the EU today. E-commerce services will give small firms better access to international markets, bypassing traditional multinational gatekeepers.

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