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3 - Trade and Investment Adjudication Involving ‘Silk Road Projects’
from Part II - China, BRI and International Trade Dispute Resolution
- By Ernst-Ulrich Petersmann
Edited by Wenhua Shan, Xian Jiaotong University, China, Sheng Zhang, Xian Jiaotong University, China, Jinyuan Su
Book:

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’

Published online:

03 March 2021

Print publication:

18 February 2021, pp 51-77
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Summary

It discusses legal methodology problems of multilevel trade and investment regulation and explores related problems of adjudication involving investment projects in the context of BRI involving more than sixty-five countries. The very limited number of investor–state arbitration proceedings initiated so far by foreign companies against China – or by Chinese companies against foreign host states – suggests that alternative dispute resolution may become one of the important ‘legal innovations’ of BRI. Yet also involvement of third parties as ‘mediators’ or ‘conciliators’ in dispute settlement proceedings raises questions of ‘justice’ and of legal methodology that are easier to resolve by embedding BRI regulations into multilateral trade, investment and UN law.