Full metadata record
| DC Field | Value | Language |
|---|---|---|
| dc.contributor | Department of Building and Real Estate | en_US |
| dc.contributor.advisor | Chan, Edwin (BRE) | en_US |
| dc.creator | Yang, Haoran | - |
| dc.identifier.uri | https://theses.lib.polyu.edu.hk/handle/200/11210 | - |
| dc.language | English | en_US |
| dc.publisher | Hong Kong Polytechnic University | en_US |
| dc.rights | All rights reserved | en_US |
| dc.title | Research on dispute resolution mechanism of international construction projects along "belt and road" | en_US |
| dcterms.abstract | As the implementation of the "Belt and Road" Initiative (BRI) which has been proposed by Chinese government in 2013, tons of ambitious international infrastructure projects as well as other forms of construction projects worth billions of dollars have been launched. Due to significant differences among 138 countries along BRI in respect of legal system, culture, and religion, etc., disputes are inevitable to emerge in these projects. Increased attention has been paid to the dispute resolution mechanism along BRI recent years. Many scholars have proposed to establish a unified dispute settlement institution to settle the disputes along BRI on the whole, and the BRI officials also set up two international commercial courts in Shenzhen and Xi'an based on this idea in 2018. However, little research has been done to examine the performance of the existing dispute resolution mechanisms from the micro perspective of international construction projects along the BRI, especially those projected in Islamic countries which accounts for a large proportion among BRI countries. This dissertation aims to fill this gap and seek improvement to the current dispute resolution mechanisms by conducting in-depth research on real life disputes happened in international construction projects and how these disputes being handled under existing dispute resolution mechanisms along BRI countries, especially in Islamic countries. A variety of research methods to achieve the specified research objectives in the process, including Critical Literature Review, Qualitative Analysis, Interview, and Questionnaire Survey. A set of criteria has been proposed by this paper to examine the performance of the existing dispute resolution mechanisms, such as WTO, ICSID, BITs, Arbitration, International commercial courts, etc. The findings reveal that current dispute resolution mechanism lags far behind the expanding scale and influence of BRI's growth, most dispute resolution mechanisms are either rarely used or too costly, time consuming and not effective. This dissertation suggests that the adoption of dispute mechanism should fit with the characteristics of individual international projects, the cultural background and legal system of the host countries where the projects located in. A multi-layer dispute resolution mechanism focusing on internal dispute resolution committee of international projects and mediation, supplemented by international arbitration, international commercial tribunal and various international conventions and treaties should be adopted along BRI, instead of abandoning the existing dispute resolution mechanisms and trying to build a whole new set of mechanisms. | en_US |
| dcterms.extent | viii, 93 pages : color illustrations | en_US |
| dcterms.isPartOf | PolyU Electronic Theses | en_US |
| dcterms.issued | 2021 | en_US |
| dcterms.educationalLevel | M.Sc. | en_US |
| dcterms.educationalLevel | All Master | en_US |
| dcterms.LCSH | Yi dai yi lu (Initiative : China) | en_US |
| dcterms.LCSH | Construction contracts | en_US |
| dcterms.LCSH | Construction industry -- Law and legislation | en_US |
| dcterms.LCSH | Dispute resolution (Law) | en_US |
| dcterms.LCSH | Hong Kong Polytechnic University -- Dissertations | en_US |
| dcterms.accessRights | restricted access | en_US |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| 5693.pdf | For All Users (off-campus access for PolyU Staff & Students only) | 1.7 MB | Adobe PDF | View/Open |
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