Legal Challenges of China's One Belt One Road Initiative

Poomintr Sooksripaisarnkit is Lecturer in Maritime Law at the Australian Maritime College, University of Tasmania, Australia. He is Fellow of the Chartered Institute of Arbitrators (FCIArb) and Senior Fellow of the Bali International Arbitration and Mediation Center (SFBiam). He is on the Panel of Arbitrators of the Thailand Arbitration Center (THAC), the Singapore Chamber of Maritime Arbitration (SCMA) and the Australian Centre for International Commercial Arbitration (ACICA). He is on the Panel of Arbitrators and Panel of Neutrals under the eBRAM Apec Rules of the eBRAM International Online Dispute Resolution Centre. He is a Supporting Member of the London Maritime Arbitrators Association. He is an Accredited Mediator by both the Centre for Effective Dispute Resolution (CEDR) and the Hong Kong Mediation Accreditation Association Limited (HKMAAL). He obtained his LLB from Thammasat University in Thailand and subsequently pursued his LLM in International Commercial Law and PhD from the University of Leicester in the United Kingdom. He also obtained a Diploma in International Maritime Arbitration from the Chartered Institute of Arbitrators. His research interests lie in private aspects of maritime law, insurance law (marine and non-marine), carriage of goods by sea, international sale of goods carried by sea, private international law (conflict of laws) and aspects of international arbitration (relevant to conflict of laws).Sai Ramani Garimella is Associate Professor at the Faculty of Legal Studies of South Asian University in India and Senior Research Associate at the Research Centre for Private International Law in Emerging Countries of the University of Johannesburg in South Africa. She is Coordinator-Team 1 in the project on International Investment Contracts, Roma Tre-UNIDROIT Center for Transnational Commercial Law and International Arbitration, Rome, Italy. Her research interests are in the intersectional spaces within International Economic Law, Dispute Resolution, Transnational Private Law and International Legal Theory. She is a frequent contributor to the Hart series on Studies in Private International Law in Asia, authoring the chapter on the Indian jurisdiction on a variety of private international law issues. She has been awarded the Isambard Kingdom Brunel Visiting Fellow Grant at the University of Portsmouth, UK, for the year 2019. She is also a resource faculty at the Indian Society of International Law, New Delhi, India, and has served as a subject expert on Private International Law for the Government of India programme on developing electronic lecture database resources in this knowledge domain.

• 1 Current Developments of the Belt & Road Initiative and the emerging private international law issues PART 1 – BELT & ROAD INITIATIVE – INTERNATIONAL ECONOMIC ENGAGEMENT AND RULE OF LAW 2 Sri Lanka’s Loan Agreements with China under the BRI: A Relection on Selected Infrastructure Project-Related Loans PART 2 – STATE-OWNED ENTERPRISES AS KEY DRIVERS IN BELT & ROAD INITIATIVE 3 China and Foreign State Immunity Law: Legal Implications on State-Owned Entities 4 Global Standards, Local Realities: An Analysis of Singapore Convention on Mediation in the Context of Chinese State-Owned Enterprises PART 3 – BELT & ROAD INITIATIVE – THE DISPUTE RESOLUTION ARCHITECTURE 5 China’s International Commercial Court and Their Operation 6 Rule of Law & Dispute Resolution in the Belt & Road Initiative: Evaluating Nepal’s Position and Prospects 7 Choice of Law in International Contracts and Foreign Law before MENA Arab Courts from the Perspective of Belt & Road Initiative PART 4 BELT & ROAD INITIATIVE AND JUDGMENT MOBILITY 8 Circulation of judgments between EU Member States and China: A path through complicated framework examined on the example of Poland 9 Recognition and Enforcement of Chinese judgments in Cambodia: Uncertain foundations of the rigid reciprocity standards in Cambodian law 10 Recognition and Enforcement of Chinese judicially confirmed mediation decisions abroad: the challenges of finality PART 5 – THE 21ST CENTURY MARITIME SILK ROAD AND PRIVATE INTERNATIONAL LAW 11 Private International Law Dimension of Blockchain-Based Bills of Lading 12 CONCLUSION AND REFLECTION