Multiple proceedings and abuse of procedure on BRI disputes
Publication Type
Journal Article
Publication Date
11-2023
Abstract
This article argues that specific mechanisms and best practices should be adopted by different players in the Belt and Road Initiative (BRI) dispute resolution ecosystem to mitigate the risks of multiple proceedings and abuse of procedure. Specifically, (i) states should enhance their multilateral and bilateral treaty practices; (ii) arbitral institutions should enhance their arbitral rules as well as cooperate with each other; and (iii) states should direct more efforts to dispute prevention and amicable dispute settlement. This article will explain what these best practices and mechanisms are.
Keywords
Multiple proceedings, abuse of right, international arbitration, BRI, Belt and Road Initiative, BRI disputes
Discipline
Asian Studies | Dispute Resolution and Arbitration | International Law
Publication
Journal of International Dispute Settlement
ISSN
2040-3585
Identifier
10.1093/jnlids/idad025
Publisher
Oxford University Press
Citation
GOTSIRIDZE, Mariam.
Multiple proceedings and abuse of procedure on BRI disputes. (2023). Journal of International Dispute Settlement.
Available at: https://ink.library.smu.edu.sg/sol_research/4370
Additional URL
https://doi.org/10.1093/jnlids/idad025