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China Law Insight

Tag Archives: Belt and Road

Participating in the Belt and Road Initiative, Protected from Overseas Compliance Risks

Posted in Antitrust & Competition, Competition Law, Dispute Resolution

By Wu Wei, Zhu Yuanyuan King & Wood Mallesons’ Dispute Resolution group

On May 14th and 15th, the Belt and Road Forum for International Cooperation was held in Beijing, which once again put the city at the centre of global attention.

China is a founding member of the Belt and Road (“B&R”). It already has more than 80 SOEs setting up branches in countries along the B&R and 47 SOE’s participating in 1676 construction projects. The B&R presents both opportunities and challenges to Chinese enterprises. Chinese firms will need to meet high standards to avoid breachi… More…/更多

Blacklisted by the World Bank, How Can Firms Participate in the Belt and Road?

Posted in Finance, Securities

By Wu Wei, Liu Ting, Zhu Yuanyuan King & Wood Mallesons’ Dispute Resolution group

Multilateral development banks, such as the World Bank, enforce strict compliance procedures for their borrowers, along with regulations on investigations and sanctions for non-compliance. Being blacklisted by these banks has significant negative consequences (please refer to the related articles Participating in the Belt and Road Initiative, Protected from Overseas Compliance Risks, Joining the AIIB Projects—What You Must Know about Affiliated Debarment and Cross-Debarment).  … More…/更多

Thoughts on Disclosure of Third Party Funding

Posted in Global Network

By Dorothy Murray and Edmund Northcott  King & Wood Mallesons’ London office.

As more jurisdictions permit third party funding of international arbitration, the question of whether details of the funding must be disclosed arises ever more frequently.

Concerns to date focus on conflicts (ensuring that the identity of the funder poses no challenge to the independence and impartiality of the tribunal) and the ability of a respondent to apply for security for costs. The Tribunal in the case of Muhammet Cap v. Turkmenistan[1], was motivated by these concerns when requiring the C… More…/更多

Case study: Belt and Road disputes – Choosing Hong Kong as the seat of arbitration

Posted in Global Network

By Paul Starr King & Wood Mallesons’ Hong Kong office

Summary

China’s Belt and Road initiative brings new investment opportunities but also an increased need for careful risk management. Prior to entering into any investments, it is important for contracting parties to consider their dispute resolution options and to ensure these are properly reflected in the contracts.

Arbitration has advantages over litigation, particularly when the courts closest to an investment are in countries where investors may be less familiar with the legal system. This case study discusses t… More…/更多