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Huawei Sun Atlanta, 4 November 2014 Asia and Africa: Trends in the Developing East-South Dispute Resolution Axis – China's Perspective.

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Presentation on theme: "Huawei Sun Atlanta, 4 November 2014 Asia and Africa: Trends in the Developing East-South Dispute Resolution Axis – China's Perspective."— Presentation transcript:

1 Huawei Sun Atlanta, 4 November 2014 Asia and Africa: Trends in the Developing East-South Dispute Resolution Axis – China's Perspective

2 Overview  China’s presence in Africa  Common types of disputes  Dispute resolution fora  Legal and cultural barriers  Future trends

3 China’s presence in Africa  Nearly 2,500 Chinese companies doing business in Africa  Investment activities have expanded beyond energy and resources  Special Chinese Economic Zones (SEZs)

4 Common types of disputes  Energy: oil pricing, oil lifting, tax, government licenses  Construction: delay, quality, price  Sales of goods and letter of credit/guarantees  Environment: crude oil dumping  Labor  Investment treaty claims?

5 Dispute resolution fora  Arbitration ICC, LCIA, CIETAC, CRCICA Seats in Paris, London, Lagos, Beijing, Cairo Factors to consider – neutrality, expertise, costs, convenience  Local litigation  Diplomatic channels?

6 Legal and cultural barriers  Legal barriers: unfamiliarity with English law and rigorous common law tradition  Cultural barriers: Communication Expectation Understanding

7  The increasing power of Chinese parties to negotiate the arbitration forum  China-Africa Joint Arbitration Centre Future trends

8 Questions? These are presentation slides only. The information within these slides does not constitute definitive advice and should not be used as the basis for giving definitive advice without checking the primary sources.


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