The Function of the Transnational Chinese Contract

2019 ◽  
Vol 20 (2-3) ◽  
pp. 313-334 ◽  
Author(s):  
C. L. Lim
Keyword(s):  
Preliminary Finding ◽  
Foreign Ownership ◽  
Energy Sector ◽  
Construction Contracts ◽  
Belt And Road ◽  
Oil Contracts ◽  
Petroleum Sector ◽  
Work Done

Abstract This article focusses on Chinese contractual practice in the energy sector and related sectors – principally in China’s inbound and outbound investments in the petroleum sector as well as in other energy-related financing and infrastructure construction contracts. Its concern is with the drafting of Belt and Road contracts, especially where this may lead to contract ‘internationalisation’. The article also discusses the interplay between Chinese contracts and treaties. It asks if there is Chinese receptiveness to international principles in seeking to protect the rights of Chinese as well as foreign parties. A preliminary finding is that there is an asymmetry between what Chinese upstream oil contracts do in protecting foreign ownership interests, even to the point of evincing Chinese acceptance of the ‘internationalisation’ of contracts, and the intergovernmental work done through negotiated treaty terms to protect Chinese investments abroad.

Part I Commercial Arbitration in the Energy Sector, 5 Energy Construction and Infrastructure Disputes

2018 ◽  
Author(s):  
Rees Peter ◽  
Connors Jess
Keyword(s):  
Subject Matter ◽  
Construction Projects ◽  
Standard Form ◽  
Energy Sector ◽  
Commercial Arbitration ◽  
Construction Contracts ◽  
Wide Range ◽  
English Law

This chapter discusses the types of disputes which commonly arise in relation to energy and infrastructure construction projects. In terms of physical subject matter — that is, what is being built — this encompasses a wide range of structures, both onshore and offshore. The chapter describes the types of energy and infrastructure construction projects covered here. Moreover, it shows that, despite the variety of problems which can arise in disputes, there are common pressure points in projects which give rise to similar issues. Therefore, the chapter identifies some of the standard form contracts which are used (often in an adapted form) in these types of projects. Next, the chapter considers — from an English law perspective — some of the types of clauses which commonly feature in energy and infrastructure construction contracts.

scholarly journals Understanding the Belt and Road Initiative

2019 ◽  
Vol 2 (1) ◽  
pp. 103-117
Author(s):  
Dinesh Bhattarai
Keyword(s):  
South Asia ◽  
International Standards ◽  
Infrastructure Development ◽  
Belt And Road Initiative ◽  
Framework Agreement ◽  
Maritime Silk Road ◽  
Belt And Road ◽  
Work Done ◽  
Trade And Investment ◽  
The Belt And Road

China’s project of the century- Belt and Road Initiative - is a signature foreign policy project of President Xi Jinping. Launched in 2013, BRI contains two components- overland belt connecting China with Central Asia, Russia, South Asia and Europe, and Maritime Silk Road for enhancing connectivity, and maritime cooperation linking Chinese ports with Southeast Asia, South Asia, Africa, the Middle East and Europe. BRI wraps up these two initiatives in it and intends to cover the number of countries along the route that happens to be the biggest market in the world with enormous potentials for trade and investment cooperation. BRI has both economic and strategic messages behind a massive infrastructure plan covering a vast network of connectivity linking 60 countries. BRI has sparked a variety of responses, some welcoming and supporting it, some expressing reservations, some willing to participate “for shaping the outcome from within”, and some wanting it to firmly match the international standards of transparency, openness, and the fiscal soundness of the country. Nepal formally became a part of BRI by signing a Memorandum of Understanding on Framework Agreement in May 2017 for enhancing more connectivity and integration, though Nepal is not included in any of the six economic corridors unveiled by China. China recently suggesting Nepal to trim projects from 35 to 9 reflects the standard of the work done by the Nepali government and its lack of preparedness and seriousness. Infrastructure development is key to progress and prosperity. As China remains engaged in improving connectivity in the neighborhood, there is a great optimism about BRI in Nepal. Against this background, this article looks at the significance of BRI, examines past attempts made at connectivity, responses to BRI and Nepal's participation in it.

Pakistan Liberalises the Petroleum Sector

1992 ◽  
Vol 10 (1) ◽  
pp. 33-45
Keyword(s):  
Energy Sector ◽  
Petroleum Sector ◽  
Petroleum Policy

On 20 November 1991 Pakistan announced a new and liberal petroleum policy. The text of the policy is included in full together with a brief description of the energy sector in Pakistan.

scholarly journals Methods of Valuing Construction Variation in Lump Sum Contract from the Public Client’s Perspective

2019 ◽  
Vol 266 ◽  
pp. 03023
Author(s):  
Zainab Mohmad Zainordin ◽  
Nurul Asra Abd Rahman ◽  
Shaza Rina Sahamir ◽  
Zul Khafiz Mohd Khalid
Keyword(s):  
Sampling Technique ◽  
Building Projects ◽  
The Public ◽  
Construction Contracts ◽  
Market Rate ◽  
Lump Sum ◽  
Daily Task ◽  
Work Done ◽  
Client Needs

A valuation of variation orders has become a daily task on large construction contracts. It is a norm where one of the contracting parties disagrees about the valuation of work done. Therefore, the valuation of variation orders has become one of the main causes of conflicts and disputes in construction management. The aims of study to determine the best practicing method in valuing a variation order for lump sum contract and identify the main related causes of variation project. The mixed method (interview and case study) of research was adopted in the collection of necessary data. Interview was conducted from 6 construction expert (clients) were analyzed. 6 case study building projects were selected by targeting sampling technique and used as the source of data for this study. The data were analysed with frequencies, sums and percentages. The study found that the client needs, lack of coordination during design and omission in design are the main causes of variation. An analysis of data indicated that used schedule of rate, fair market rate, daywork rate and negotiation are the four most famous method practicing in valuing a variation order in lump sum contract but its rely on the circumstances and the character of works.

scholarly journals China’s outward foreign direct investment in energy sector: The role of “intimate” relations between countries

PLoS ONE ◽  
2021 ◽  
Vol 16 (7) ◽  
pp. e0254199
Author(s):  
Na Tan ◽  
Liang Chang ◽  
Rui Guo
Keyword(s):  
Developing Countries ◽  
Host Country ◽  
Direct Investment ◽  
Energy Sector ◽  
Institutional Distance ◽  
Outward Foreign Direct Investment ◽  
Senior Leaders ◽  
Belt And Road ◽  
Intimate Relations ◽  
The Belt And Road

Based on the data of China’s outward foreign direct investment (OFDI) in energy sector to 133 countries from 2005 to 2014, this paper uses a gravity model to investigate the impact of “intimate” relations on China’s OFDI locations in energy sector. We find that the “intimate” relations have significant effects on China’s OFDI locations in energy sector, namely: bilateral senior leaders’ visits, institutional distance, genetic distance, and immigration. Holding other factors fixed, for each one more bilateral senior leaders’ visit between China and the host country, China’s OFDI in energy sector for the host country will increase by 5.44%. If the genetic distance from China and host country increases by 1%, China’s OFDI in energy sector will fall by 1.69%. For every 1% increase in the institutional distance between China and host country, China’s energy OFDI will decrease by 1.09%. For every 1% increase in a country’s immigration to China, China’s energy OFDI will increase by 0.46%. Further, after distinguishing developed and developing countries, we find that compared with developed countries, “intimate” relations have greater impacts on China’s energy OFDI in developing countries. Finally, based on the dominance analysis, considering China’s “intimate” relations with countries along the “Belt and Road” and current locations of China’s OFDI, we find that China should further expand energy investment in countries along the “Belt and Road”.

Chinese Foreign Investments in the European Union Energy Sector: The Regulation of Security Concerns

2019 ◽  
Vol 20 (2-3) ◽  
pp. 375-400 ◽  
Author(s):  
Marc Bungenberg ◽  
Angshuman Hazarika
Keyword(s):  
European Union ◽  
Energy Sector ◽  
Control Law ◽  
The European Union ◽  
Foreign Investments ◽  
Eu Member States ◽  
Eu Merger Control ◽  
Belt And Road ◽  
Considerable Concern ◽  
The Eu

Abstract Energy investments from China have been flowing into the European Union (EU) over the last decade at an increasing rate. Part of these investments are made under China’s Belt and Road Initiative (BRI) and involve Chinese State-owned Enterprises (SOEs). This flow of investments into critical sectors such as energy infrastructure and generation has raised considerable concern over their potential national security implications and prompted the European Commission to prepare new legislation to screen foreign investments in critical sectors, including energy. The new EU regulations complement existing investment screening mechanisms in a number of EU member states, and the application of EU merger control law. This article looks at the different screening and clearance mechanisms which Chinese investments in the energy sector may have to pass in the EU and aims to show how these screening mechanisms are used in practice.

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