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Vol 21 No 11 Nov/Dec 2016

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China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration


ISBN13: 9789041136749
Published: November 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00



Low stock.

The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion.

The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill.

The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries.

Among the topics and issues that arise in the course of the book are the following:-

  • suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; ;
  • domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce;
  • the role of intra-Africa bilateral investment treaties;
  • competing interests that underpin international investment law;
  • relevant legal, economic, and political challenges and cultural barriers;
  • permissible scope of regional trade regimes; ;
  • national treatment versus duty to compensate; and
  • harmonization initiatives—model laws, incoterms, restatements.
The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos.

Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system.

Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

Subjects:
Arbitration and Dispute Resolution, China, Africa, International Investment Law
Contents:
Foreword Part I Background Chapter 1 General Introduction Chapter 2 Historical Background of China-Africa Economic Relations Part II The Legal Framework and Dispute Resolution Mechanisms in China-Africa Trade Relations Chapter 3 The Multilateral Trading System and the Place of China and Africa within It Chapter 4 The WTO Dispute Settlement System and the Barriers Developing Nations Face Chapter 5 Considerations in Trade Dispute Resolution Unique to China-Africa Relations Chapter 6 Evaluating Regional Options and a Look at the Arbitration Alternative Part III The Legal Framework for the Resolution of China-Africa Investment Disputes Chapter 7 The Evolution of International Investment Law Chapter 8 The Sources and Content of Current International Investment Law Chapter 9 The Sources of Law in China-Africa Investment Relations Part IV The Legal Framework in China-Africa Private Commercial Relations Chapter 10 Private Commercial Relations Chapter 11 Domestic Legal Frameworks Part V Arbitration Chapter 12 International Arbitration Chapter 13 Arbitration in the United States and Europe: Profiles of Selected Arbitral Institutions Chapter 14 Arbitration in Asia and Africa: Profiles of Selected Arbitral Institutions Chapter 15 Summary of Conclusions and Recommendations Appendix 1 Sharm El Sheikh Summit Declaration Appendix 2 Sharm El Sheikh Action Plan Appendix 3 IISD Model Investment Agreement Appendix 4 CIETAC Arbitration Rules Appendix 5 Cairo Center Arbitration Rules Appendix 6 KLRCA Arbitration Rules Appendix 7 Lagos Centre Arbitration Ru Appendix 8 Chinese Arbitration Law Bibliography Table of Cases Table of Legislation and International Agreements Index

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published March 2018
Kluwer Law International
£119.00
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published September 2017
Kluwer Law International
£92.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£128.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£132.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£136.00
£128.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£128.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£116.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£119.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£119.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£148.00
£117.00
£128.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£136.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£123.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£156.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£123.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£167.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£195.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£100.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£126.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print