This book covers new legal developments of the One Belt One Road (OBOR) project assesses how litigation may be organised to enforce and compensate for defaults in its related initiatives.
This book covers new legal developments of the One Belt One Road (OBOR) project assesses how litigation may be organised to enforce and compensate for defaults in its related initiatives.
Structured across five themes, the contributors assess international economic engagement and the rule of law; private international law, dispute resolution mechanisms including mediation, and judgement mobility. These chapters strike new ground and cover recent developments such as the establishment of China’s International Commercial Court, engagements in multiple Belt and Road Initiative (BRI) construction and investment projects.
This book will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.
1 Current Developments of the Belt & Road Initiative and the emerging
private international law issues PART 1 BELT & ROAD INITIATIVE
INTERNATIONAL ECONOMIC ENGAGEMENT AND RULE OF LAW 2 Sri Lankas Loan
Agreements with China under the BRI: A Relection on Selected Infrastructure
Project-Related Loans PART 2 STATE-OWNED ENTERPRISES AS KEY DRIVERS IN BELT
& ROAD INITIATIVE 3 China and Foreign State Immunity Law: Legal Implications
on State-Owned Entities 4 Global Standards, Local Realities: An Analysis of
Singapore Convention on Mediation in the Context of Chinese State-Owned
Enterprises PART 3 BELT & ROAD INITIATIVE THE DISPUTE RESOLUTION
ARCHITECTURE 5 Chinas International Commercial Court and Their Operation 6
Rule of Law & Dispute Resolution in the Belt & Road Initiative: Evaluating
Nepals Position and Prospects 7 Choice of Law in International Contracts and
Foreign Law before MENA Arab Courts from the Perspective of Belt & Road
Initiative PART 4 BELT & ROAD INITIATIVE AND JUDGMENT MOBILITY 8 Circulation
of judgments between EU Member States and China: A path through complicated
framework examined on the example of Poland 9 Recognition and Enforcement of
Chinese judgments in Cambodia: Uncertain foundations of the rigid reciprocity
standards in Cambodian law 10 Recognition and Enforcement of Chinese
judicially confirmed mediation decisions abroad: the challenges of finality
PART 5 THE 21ST CENTURY MARITIME SILK ROAD AND PRIVATE INTERNATIONAL LAW 11
Private International Law Dimension of Blockchain-Based Bills of Lading 12
CONCLUSION AND REFLECTION
Poomintr Sooksripaisarnkit is a Lecturer in Maritime Law at the Australian Maritime College, University of Tasmania. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a Senior Fellow of the Bali International Arbitration and Mediation Center (SFBiam). He is on the Panel of Arbitrators of Thailand Arbitration Center (THAC), the Singapore Chamber of Maritime Arbitration (SCMA) and the Australian Centre for International Commercial Arbitration (ACICA). He is on the Panel of Arbitrators and Panel of Neutrals under the eBRAM Apec Rules of the eBRAM International Online Dispute Resolution Centre. He is a Supporting Member of the London Maritime Arbitrators Association. He is an Accredited Mediator by both the Centre for Effective Dispute Resolution (CEDR) and the Hong Kong Mediation Accreditation Association Limited (HKMAAL). He obtained his LLB from Thammasat University in Thailand and he subsequently pursued his LLM in International Commercial Law and his PhD from the University of Leicester in the United Kingdom. He also obtained a Diploma in International Maritime Arbitration from the Chartered Institute of Arbitrators. His research interests lie in private aspects of maritime law, insurance law (marine and non-marine), carriage of goods by sea, international sale of goods carried by sea, private international law (conflict of laws), and aspects of international arbitration (relevant to conflict of laws).
Sai Ramani Garimella is an Associate Professor at the Faculty of Legal Studies of South Asian University in India and a Senior Research Associate at the Research Centre for Private International Law in Emerging Countries of the University of Johannesburg in South Africa. She is the Coordinator-Team 1 in the project on International Investment Contracts, Roma Tre-UNIDROIT Center for Transnational Commercial Law and International Arbitration, Rome, Italy. Her research interests are in the intersectional spaces within International Economic Law, Dispute Resolution, Transnational Private Law, and International Legal Theory. She is a frequent contributor to the Hart series on Studies in Private International Law in Asia, authoring the chapter on the Indian jurisdiction on a variety of private international law issues. She has been awarded the Isambard Kingdom Brunel Visiting Fellow Grant at the University of Portsmouth, UK for the year 2019. She is also a resource faculty at the Indian Society of International Law, New Delhi, and served as a subject expert on Private International Law for the Government of India program on developing electronic lecture database resources in this knowledge domain.
