Published 5 September 2017
A large number of civil, commercial and investment disputes have arisen currently between China and the other B&R Countries. With the furtherance of the B&R Initiative, more and more such disputes will arise. However, there are some deficiencies existing in the civil, commercial and investment dispute settlement mechanisms between China and the other B&R Countries. For example, there are not enough bilateral and multilateral treaties between and among China and the other B&R Countries dealing with the settlement of such disputes. Besides, the diversified legal systems in the B&R Countries will make it difficult for the parties or the judges to prove the foreign law. At the current stage, China should encourage the Chinese parties to settle the disputes with their counterparts from the other B&R Countries through arbitration. In the long run, China should first improve its legal systems relating to the settlement of foreign-related cases in order to make it an attractive place for the parties from the other B&R Countries. Then China should conclude more bilateral treaties on civil and commercial judicial assistance with the B&R Countries, and finally China may push to establish a multilateral system among the B&R Countries, so as to create a favorable legal environment for the parties from these countries.
This paper will be part of the TDM Special Issue on "One Belt One Road (OBOR)". More information here: https://www.transnational-dispute-management.com/news.asp?key=1652