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Reading: One Belt One Road Disputes: Does China Have Dispute Resolution Methods Fit for Purpose?

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One Belt One Road Disputes: Does China Have Dispute Resolution Methods Fit for Purpose?

Author:

Jia Zuo

Abstract

The One Belt One Road Initiative (‘OBORI’ or ‘OBOR’) is a top-level project primarily aimed at increasing infrastructure output and investment. It has been implemented in more than 60 countries across the world and has had a far-reaching impact on transnational trade. In order to respond to the increasing need for legal services to assist in the implementation process, China endeavours to provide a fair and trustworthy legal environment by establishing innovative international commercial courts in certain cities and by reforming existing international arbitration rules. Meanwhile, there remain many challenges to construct a collaborative legal system which covers a large range of jurisdictions, legal customs, and business approaches. This essay contends that the Chinese approach to arbitration and adjudication, since the launch of the OBORI, has undergone a paradigm shift from a domestic approach towards a dynamic and internationalised one. This is a result of 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 (‘CICC’). However, to achieve China’s ambitious plan of promoting its dispute resolution mechanism to an international level, it could further enhance the independence and efficiency of its dispute settlement institutions.
How to Cite: Zuo, J., 2020. One Belt One Road Disputes: Does China Have Dispute Resolution Methods Fit for Purpose?. LSE Law Review, 5, pp.99–114.
Published on 18 Mar 2020.
Peer Reviewed

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