CWR > Volume 5(1); 2019 > Article
Research Paper
Published online: March 1, 2019
DOI: http://dx.doi.org/10.14330/cwr.2019.5.1.04
Establishment of a Belt and Road Dispute Settlement Mechanism
Weidong Zhu
Institute of West Asian and African Studies of the Chinese Academy of Social Sciences
Mailbox 1120, No.3, Zhang Zizhong Road, Dongcheng District, Beijing, China
Corresponding Author: zhuwd@cass.org.cn
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Considering the large number of civil, commercial and investment disputes that arise between Chinese investors and their counterparts along the Belt and Road, it is necessary to establish a dispute settlement mechanism. The open, cooperative and non-institutionalized features of the Belt and Road Initiative require the reform and improvement of China's domestic dispute settlement mechanism for foreign civil, commercial and investment disputes; and bilateral and multilateral dispute settlement mechanisms between or among China and the Belt and Road countries should be strengthened. When appropriate, China may propose the establishment of a multilateral dispute settlement mechanism that is especially designed for the Initiative. The status quo of dispute settlement mechanisms between China and the Belt and Road countries necessitates the establishment of a preset mechanism that uses arbitration as the primary approach, litigation as the secondary approach, and mediation as an alternative.
Keywords : BRI, Dispute Settlement Mechanism, Multiple, Litigation, Arbitration, Mediation
