Case study: Belt and Road disputes – Choosing Hong Kong as the seat of arbitration

作者/编者:Paul Starr, James McKenzie, Suraj Sajnani
作者单位:金杜律师事务所
创作年代:2016
出处/来源:金杜律师事务所
学科分类:国际商事与投资争端解决
所属机构:金杜律师事务所
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摘要

China’s Belt and Road initiative brings new investment opportunities but also an increased need for careful risk management. Prior to entering into any investments, it is important for contracting parties to consider their dispute resolution options and to ensure these are properly reflected in the contracts. Arbitration has advantages over litigation, particularly when the courts closest to an investment are in countries where investors may be less familiar with the legal system. This case study discusses the advantages of opting for a Hong Kong seated arbitration. Confidentiality protections provided for by Hong Kong arbitration law and the near-global mutual enforcement of arbitral awards are key benefits for contracting parties. Parties choosing Hong Kong can also benefit from a comprehensive platform catered for Belt and Road. As Hong Kong positions itself as an infrastructure hub, institutions such as the Infrastructure Financing Facilitation Office have been exploring opportunities to provide support to investors in their Belt and Road investments.

关键词: Belt and Road; Arbitration Seat; Finality and Enforceability; Confidentiality

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