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Managing 'Belt and Road' Business Disputes

A Case Study of Legal Problems and Solutions

Chiann Bao , Michael Moser

Law / Arbitration, Negotiation, Mediation

This book is a follow-up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investment 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.

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.

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.

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