China's One Belt One Road Initiative and Private International Law Routledge Research in International Law Series

The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People?s Republic of China in October 2013. The OBOR comprises the ?Silk Road Economic Belt? and the ?21st Century Maritime Silk Road?, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself.

Integration in China?s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

FOREWARD

PREFACE

TABLE OF CONTENTS

ACKNOWLEDGEMENT

CHAPTER 1 The role of private international law in the context
of the One Belt One Road initiative

Poomintr Sooksripaisarnkit

Sai Ramani Garimella

PART 1 – PARTY AUTONOMY

CHAPTER 2 Harmonisation of choice of law rules in commercial contracts in the One Belt One Road countries: Will the Hague Principles on Choice of Law in International Commercial Contracts serve as a good model?

Poomintr Sooksripaisarnkit

PART 2 – SERVICE OF PROCESS

CHAPTER 3 On the Construction of Electronic Service Abroad System under the ‘Belt and Road’ Initiative

GUO Yujun &FU Pengyuan

PART 3 – JURISDICTION

CHAPTER 4 Navigating the Singapore’s Private International Rules in the Age of Innovative Cross-border Commercial Litigation Framework

Man Yip

PART 4 – CONFLICT OF LAWS

CHAPTER 5 OBOR and the syncretic private international law rules in India: Time for accession to harmonised legal regimes

Sai Ramani Garimella

CHAPTER 6 European Union legislation: How far does it reach beyond the EU border?

Ivana Kunda

PART 5 - INTERPRETATION OF FOREIGN LAW AND SUBSTANTIVE HARMONISATION EFFORTS

CHAPTER 7 Proof of foreign law under the background of the Belt and Road Initiative

Zhengxin Huo

CHAPTER 8 One Belt One Road – One law?

Bruno Zeller

CHAPTER 9 Thai conflict of law rules, China’s One Belt, One Road initiative and ASEAN trade facilitation: One common path with many exit routes

Kittiwat Chunchaemsai

CHAPTER 10 The "One Belt, One Road" Strategy - The Role of Private International Law in Combatting and Strengthening Anti-Corruption Standards Transnationally

Thomas John

Rishi Gulati

PART 6 – JUDGMENTS AND ARBITRAL AWARDS RECOGNITION

CHAPTER 11 The Role of Hong Kong in the Dispute Resolutions of One-Belt-One-Road

King Fung Tsang

CHAPTER 12 The recognition of foreign judgments as a tool of economic integration: Views from Middle Eastern and Arab Gulf countries

Béligh Elbalti

CHAPTER 13 Recognition and enforcement of foreign arbitration awards, foreign court judgments and contracts of international carriage

Banu Bozkurt Bozabali

CONCLUSION Tackling private international law issues for the success of the OBOR

Poomintr Sooksripaisarnkit

Sai Ramani Garimella

LIST OF CONTRIBUTORS

Poomintr Sooksripaisarnkit is a Lecturer in Maritime Law with the Australian Maritime College, University of Tasmania, Australia.

Sai Ramani Garimella is a Senior Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi, India.