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One Belt One Road Disputes: Does China have dispute avoidance and resolution methods fit for purpose?

Author:

Jia Zuo

LSECN
About Jia
MSc Law and Accounting student at the LSE who is interested in energy law and sustainable development
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Abstract

In 2013, the Chinese government launched its top-level project, One Belt One Road Initiative (hereinafter, the ‘OBOR’ or ‘OBORI’), primarily aimed for infrastructure output and investment. Having been implemented in over 60 countries across Asia, Africa and Europe, this magnificent project has a far-reaching impact on transnational trade, commercial and financial interactions. In order to respond to the increasing need for legal services to assist this process, China is endeavoring to provide a fair and trustworthy legal environment, by establishing innovative international commercial courts in certain cities and by reforming existing international arbitration rules. However, there remain many challenges in constructing a collaborative legal system which covers many diverse jurisdictions, legal customs and business approaches. This essay will contend that the recent development of arbitration and adjudication in China, since the launch of the OBORI, has undergone a paradigm shift from a domestic approach towards a dynamic and internationalised one, by the enhancement of the recognition and enforcement of foreign arbitral awards, the introduction of ad hoc arbitration and the establishment of the China International Commercial Court (hereinafter, the ‘CICC’). Meanwhile, considerable encouragement of enhanced independence of dispute settlement institutions and cross-cultural understanding for the OBOR dispute avoidance and resolution mechanism is required.
How to Cite: Zuo, J., 2020. One Belt One Road Disputes: Does China have dispute avoidance and resolution methods fit for purpose?. LSE Law Review, 5, p.None.
Published on 30 Mar 2020.
Peer Reviewed

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