International Commercial Arbitration for Belt and Road Initiative – Some Thoughts on China, Singapore and Hong Kong SAR as Dispute Resolution Locales

2018 ◽  
Author(s):  
Steve K. Ngo
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
Belt And Road Initiative ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Hong Kong Sar ◽  
Belt And Road

scholarly journals International linkages, geopolitics, and the Belt and Road Initiative: A comparison of four island territories

2020 ◽  
Vol 15 (2) ◽  
pp. 131-154 ◽  
Author(s):  
Ying-ho Kwong ◽  
Mathew Y.H. Wong
Keyword(s):  
Hong Kong ◽  
International Politics ◽  
External Factors ◽  
Global Politics ◽  
Faroe Islands ◽  
Belt And Road Initiative ◽  
Internal Factors ◽  
International Linkages ◽  
Belt And Road ◽  
The Belt And Road

Existing literature has placed a strong emphasis on foreign linkages for the sustainability of island territories. However, studies have largely focused the effect of Western linkages, leaving the rise of Asian linkages unexplored. Such an investigation is of increasing significance given China’s rise in global politics and its ambitious Belt and Road Initiative (BRI). This article explains island territories’ inclination towards this newfound Chinese influence by comparing two Danish island territories and two Chinese island territories and argues that island territories with strong international linkages tend to face more challenges to accept the BRI, as demonstrated by the cases of Greenland and Hong Kong with stronger US strategic, military, and diplomatic linkages; and vice versa for the Faroe Islands and Macau with relatively weak international linkages. This paper contributes to the literature by moving beyond internal factors, including island types, sizes, and peripheralities, to explore how external factors, namely foreign linkages in international politics, from an alternative geopolitical perspective.

Emergency Arbitrator: Indian Prospects

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr. Ashish Kumar Srivastava
Keyword(s):  
Dispute Resolution ◽  
Third Parties ◽  
Real Problem ◽  
Anglo Saxon ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
High Courts ◽  
Interim Measures ◽  
Indian Perspective

International commercial arbitration is one of the most favourite mode of dispute resolution in world for resolving commercial disputes. Speed and cost are two important features what makes arbitrationa sought-after mode for dispute resolution because in conventional dispute resolution by courts ‘Remedy becomes worse than malady’ due to delay and cost. Legalism and authoritative courts in Anglo Saxon societies make the justice dilatory and expensive which is termed analogically as a disease of ‘Adversariasis’. Judicial minimalism is encouraged by entrepreneurs and business class of world which results in enhanced thrust on international commercial arbitration. In any arbitration interim measures are sine quo non. The irreparable loss and balance of convenience demands intervention by authoritative body to order and issue processes which can binds parties and third parties. In such cases unless interim measures are sought by municipal national courts no effective and binding interim remedies can be granted to the parties and third parties. The arbitrator once appointed is competent enough to grant interim measures and it can also decide about its jurisdiction based on doctrine of Kompetenz-Kompetenz. However, if before the appointment of arbitrator, the need of urgent interim measures arises then obviously parties have to go to the municipal national courts but this judicial intervention is not the intent of parties as they are seeking judicial minimalism. In such situations the urgent interim measures can be granted by emergency arbitrator. The Arbitration and Conciliation Act, 1996 is silent about emergency arbitrator but Delhi and Bombay High Courts have given some pragmatic judgments, making the provision of emergency arbitrator, a reality. The real problem in emergency arbitrator is how one can grant interim relief even without being in existence i.e. when arbitrator itself is non est. ICC, SIAC and LCIA provide for emergency arbitrator. In this paper the author has tried to make an analytical and comparative overview of emergency arbitrator in Indian Perspective.

Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

2019 ◽  
Author(s):  
Baumann Antje
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
Chamber Of Commerce ◽  
International Court ◽  
Arbitral Proceedings ◽  
Number Of Parties ◽  
International Chamber Of Commerce

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

The Dynamics of International Dispute Resolution Business in the Belt and Road

2019 ◽  
Vol 113 ◽  
pp. 370-374
Author(s):  
Weixia Gu
Keyword(s):  
Dispute Resolution ◽  
Economic Integration ◽  
Belt And Road Initiative ◽  
International Dispute ◽  
Regional Markets ◽  
Belt And Road ◽  
The Belt And Road ◽  
Game Changer

China's Belt and Road Initiative (BRI) ambitiously aspires toward expanding regional markets and facilitating economic integration across Asia and Europe. It has been regarded as a game-changer on the landscape of dispute resolution market, triggering a proliferation of “adjudication business.” This report examines the dynamics of international dispute resolution in context of the BRI, discussed from the three following perspectives: (1) BRI investors and disputants; (2) three major means of dispute resolution on offer; and (3) institutions involved.

Sign in / Sign up

Export Citation Format

Share Document