Settling trade disputes along the Belt and Road is the highlight of this week’s news. China has launched the China International Commercial Court, which is supposed to function as the so-called ‘Belt and Road Court’ and can potentially rival Western equivalent tribunals that arbitrate various trade disputes between business and public actors. The mission statement of the court includes "fairness, professionalism, and convenience”. The court has two tribunals, one in Xi’an, a major hub in the ancient Silk Roads and another in the city of Shenzhen, the latter being responsible for disputes related to maritime routes and trade. The Economist article [A belt-and-road court dreams of rivaling the West’s tribunals] argues that the future of this court is uncertain in terms of whether or not foreign companies are willing to use the court to settle disputes. However the remit of the court is ambitious and is supposed to include not only BRI-related disputes but also those business and trade disputes that go beyond the BRI.
The ‘Belt and Road Court’ is addressed in a broader range in the EastAsiaForum article [Dispute resolution along the Belt and Road], which addresses the prospects of success or failure of this court and enumerates the different ways in which disputes related to BRI can be settled through other Chinese and international courts in Asia Pacific, such as The China International Economic and Trade Arbitration Commission (CIETAC), The Hong Kong International Arbitration Centre (HKIAC), the Singapore International Arbitration and the International Chamber of Commerce. One of the main challenges for the new court is as follows: how can international business actors trust a court in China if they have a dispute in which Chinese actors are directly or indirectly involved in the dispute? The article then concludes by recommending the creation of “better legislative and structural support from China and other countries along the Belt and Road for the recognition and enforcement of judgments and awards, as well as the adoption across the Asia Pacific of International conventions and model laws designed to harmonise such disputes".
In other news, The Clingendael Institute (The Hague, The Netherlands) has launched its China Centre, a research division exclusively dedicated to creating China-related analyses, trainings, and public debate [Launch Clingendael China Centre]. The launch of the centre comes in the aftermath of the Dutch government’s China Strategy, which can be briefly summarised as follows: “Working with China where we can, and safeguarding our own interests and values where we must”. The Dutch China strategy in turn comes in the larger context of European governments and businesses having a “strategic debate on the growing role and influence of China in the world, including in Europe. Key issues include European responses to 5G, China’s Belt and Road Initiative, human rights, knowledge security, and industrial and competition policy”. The centre was kicked off with an interactive programme ‘Talking China Strategy’ on 3 June with the participation of various Dutch and International politicians, diplomats, researchers, think tanks, and business representatives.
M. Forough
This week's Silk Road Headlines
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