归属学者：

殷维

归属院系：

国际法学院

作者：

Yin, Wei

摘要：

The Belt and Road Initiative (BRI), with its large-scale planned and ongoing projects covering the broad Eurasian area, will inevitably generate trade and investment disputes. Many countries have responded to the growing demand for international commercial dispute resolution with relevant measures like establishing international commercial courts and/or dispute resolution centres. Apart from these countries, many arbitral institutions are positioning themselves as an attractive forum for addressing BRI disputes. Not to be outdone, China has attempted to build its own mechanism for BRI dispute resolution, protecting the interests of Chinese and foreign parties. This article discusses the model provided by China, ie, a multiple and "one-stop" mechanism framed under the China International Commercial Court, serving commercial disputes arising from BRI projects. This article intends to provide a comprehensive review of the Chinese model and suggests further steps that are necessary to improve it. It explores the motivation and reasons behind this Chinese model. It analyses the current framework and key features of this model. It further discusses the internal and external challenges and implications. It argues that complementary measures and further clarifications are required to support the well-functioning of the model. It also indicates that currently there is no "one-size-fits-all" method of resolving BRI disputes. But China could encourage all BRI participants to make a concerted effort to encourage cooperation among existing institutions and harmonisation of relevant commercial rules along the route.

语种：

英文

出版日期：

2019

学科：

法学

收录：

SSCI

提交日期：

2019-11-01

引用参考：

Yin, Wei. IMPLICATIONS AND CHALLENGES OF A CHINESE MODEL FOR BELT AND ROAD DISPUTE RESOLUTION: ANALYSING THE ROLE OF THE CHINA INTERNATIONAL COMMERCIAL COURT AND "ONE-STOP" MECHANISM[J]. HONG KONG LAW JOURNAL,2019():635-663.