Managing "Belt and Road" Business Disputes: A Case Study of Legal Problems and Solutions

Managing “Belt and Road” Business Disputes: A Case Study of Legal Problems and Solutions is a follow up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investments 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.

 What’s in this book:

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

How will this help you:

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.

Introduction
Michael Moser & Chiann Bao

CHAPTER 1
The Scenario
Michael Moser, John Choong, Chiann Bao & Chan Yong Wei

CHAPTER 2
Dispute Settlement Options: An Overview
Michael Moser, John Choong & Campbell Herbert

CHAPTER 3
Informal Dispute Settlement Approaches
Helen Tang

CHAPTER 4
Arbitration Inside China
Arthur Ma & Sharon Yang¿

CHAPTER 5
Arbitration Outside China
Cameron Hassall & Dominque Yong

CHAPTER 6
International Commercial Courts
Anselmo Reyes

CHAPTER 7
Treaty Framework
Matthew Hodgson

CHAPTER 8
Investment Treaty Remedies
Nils Eliasson

CHAPTER 9
Litigation in China
Fang Zhao, Jiji Wu & Ruowen Wang

CHAPTER 10
Force Majeure and Hardship
Tai-Heng Cheng & Jennifer Lim

CHAPTER 11
Chinese SOEs and Their Investments along the Belt and Road
Cao Lijun

CHAPTER 12
Construction Contracts And Disputes
Nicolas Wiegand, Mariel Dimsey & Tom Proestler

CHAPTER 13
Project Finance
Matt Secomb & Philip Tan

CHAPTER 14
Corruption and Bribery
Louie Llamzon

CHAPTER 15
Sanctions
Meg Utterbeck

CHAPTER 16
Climate Change Dispute Options
Judith Levine & Nicola Swan

CHAPTER 17
Enforcement of Dispute Outcomes
Friven Yeoh & Yan Zhang

CHAPTER 18
Case Management Strategy: Forming the Right Team – Third-party Funding, Experts, Investigators and Other Services Providers
Peter Yuen

CHAPTER 19
Endgame
Michael Moser, Chiann Bao, John Choong & Chan Yong Wei