22 May 2017

Crossing Borders: Exploring China's Belt and Road Initiative

Welcome to the latest edition of Crossing Borders, a periodic review of developments in international arbitration across the world.

In this edition, we focus on China’s Belt and Road initiative and its impact on international arbitration. We explore some of the key risks and mitigation strategies investors can use when making their investments along the Belt and Road, the importance of tailoring investment protections through careful structuring of investments, drafting of dispute resolution clauses and use of commercial and investment treaty arbitration protections. We also look at an area of significant practical importance to the initiative: the recognition and enforcement of foreign arbitral awards in China.

We then take the measure of the initiative from key stakeholders, the Secretaries General at the HKIAC and CIETAC HK, and we provide updates on relevant developments in international arbitration practice in Australia. Finally, we examine key areas of legal development which will, we expect, impact Belt and Road disputes: enforcement of CIETAC HK awards in Mainland China, third party funding and waterfall clauses in arbitration agreements. We also provide an update on a recent Hong Kong conference dealing with Belt and Road risk.

We hope you enjoy reading this edition and welcome your feedback and questions as always.

Key contacts

Download Crossing Borders: International Arbitration Insights - Where will we be in 2028?

Crossing Borders is a periodic review of developments in international arbitration across the world. Included in this special 10th edition, we explore what arbitrations will be like going into 2028 - where, how and by whom disputes will be decided.

Share on LinkedIn Share on Facebook Share on Twitter
    You might also be interested in

    This article was written by Edwina Kwan (关凯丽) and Jay Tseng (曾誌輝). In the midst of the COVID-19 pandemic, the NSW Supreme Court (Court) vacated the hearing dates for an 8-day trial due to...

    30 June 2020

    This article was written by Patric McGonigal and Ramon Garcia-Gallardo. At a virtual ceremony on 11 June 2020, Singapore's Minister for Home Affairs and Law, K Shanmugam SC and the President of the...

    22 June 2020

    As of May 1, 2020, parties making a voluntary notice filing with CFIUS will have to pay a filing fee. There is no fee for declarations under the mandatory filing regime. The Treasury Department’s...

    26 May 2020

    As of May 1, 2020, parties making a voluntary notice filing with CFIUS will have to pay a filing fee. There is no fee for declarations under the mandatory filing regime. The Treasury Department’s...

    19 May 2020

    This site uses cookies to enhance your experience and to help us improve the site. Please see our Privacy Policy for further information. If you continue without changing your settings, we will assume that you are happy to receive these cookies. You can change your cookie settings at any time.

    For more information on which cookies we use then please refer to our Cookie Policy.