Multiple proceedings and abuse of procedure on BRI disputes

• Main Author: GOTSIRIDZE, Mariam
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2024
• Subjects: Multiple proceedings; abuse of right; international arbitration; BRI; Belt and Road Initiative; BRI disputes; Asian Studies; Dispute Resolution and Arbitration; International Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/4370; https://ink.library.smu.edu.sg/context/sol_research/article/6328/viewcontent/MultipleProceedings_BRI_av.pdf
• Institution: Singapore Management University

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.