China’s One Belt One Road Initiative and Private International Law

284 Pages·2018·1.306 MB·English

by  Poomintr Sooksripaisarnkit, Sai Ramani Garimella

China’s One Belt One
Road Initiative and Private
International Law
China’s One Belt One Road Initiative and Private International Law 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.
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.
Routledge Research in International Law
Available:
The Rule of Unwritten International Law
Customary Law, General Principles, and World Order
Peter G. Staubach
State Interest and the Sources of International Law
Doctrine, Morality, and Non-Treaty Law
Markus P. Beham
Demilitarisation and International Law in Context
The Åland Islands
Sia Spiliopoulou Åkermark and Saila Heinikoski
International Criminal Law and Sexual Violence against Women
The Interpretation of Gender in the Contemporary International
Criminal Trial
Daniela Nadj
Unilateral Acts
A History of a Legal Doctrine
Betina Appel Kuzmarov
Regional Developmentalism Through Law
The Use of Law to Support the Effective Establishment of an African
Economic Community
Jonathan Bashi Rudahindwa
China’s One Belt One Road Initiative and Private International Law
Poomintr Sooksripaisarnkit and Sai Ramani Garimella
For a full list of titles in this series, visit www.routledge.com/Routledge-Research-
in-International-Law/book-series/INTNLLAW
China’s One Belt One
Road Initiative and Private
International Law
Edited by
Poomintr Sooksripaisarnkit
and Sai Ramani Garimella
First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2018 selection and editorial matter, Poomintr Sooksripaisarnkit
and Sai Ramani Garimella; individual chapters, the contributors
The right of Poomintr Sooksripaisarnkit and Sai Ramani Garimella
to be identified as the authors of the editorial material, and of
the authors for their individual chapters, has been asserted in
accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British
Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-56382-7 (hbk)
ISBN: 978-1-315-12196-3 (ebk)
Typeset in Galliard
by Apex CoVantage, LLC
Contents
List of editors and contributors viii
Foreword xvi
Preface xviii
Acknowledgements xx
1 The role of private international law in the context of
the One Belt One Road initiative 1
POOMINTR SOOKSRIPAISARNKIT, SAI RAMANI GARIMELLA
PART I
Party autonomy 17
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? 19
POOMINTR SOOKSRIPAISARNKIT
PART II
Service of process 37
3 On the construction of electronic service abroad system
under the ‘Belt and Road’ Initiative 39
YUJUN GUO AND PENGYUAN FU
PART III
Jurisdiction 53
4 Navigating Singapore’s private international rules in the
age of innovative cross-border commercial litigation framework 55
MAN YIP
vi Contents
PART IV
Conflict of laws 71
5 OBOR and the syncretic private international law rules
in India: time for accession to harmonised legal regimes 73
SAI RAMANI GARIMELLA
6 European Union legislation: how far does it reach
beyond the EU border? 94
IVANA KUNDA
PART V
Interpretation of foreign law and substantive
harmonisation efforts 123
7 Proof of foreign law under the background of
the Belt and Road Initiative 125
ZHENGXIN HUO
8 One Belt One Road – One law? 144
BRUNO ZELLER
9 Thai conflict of law rules, China’s One Belt One Road
initiative and ASEAN trade facilitation: one common
path with many exit routes 164
KITTIWAT CHUNCHAEMSAI
10 The “One Belt One Road” strategy – the role of private
international law in combatting and strengthening
anti-corruption standards transnationally 182
THOMAS JOHN, RISHI GULATI
PART VI
Judgments and arbitral awards recognition 197
11 The role of Hong Kong in the dispute resolutions of
One Belt One Road 199
KING FUNG TSANG
Contents vii
12 The recognition of foreign judgments as a tool of
economic integration: views from Middle Eastern
and Arab Gulf countries 218
BÉLIGH ELBALTI
13 Recognition and enforcement of foreign arbitration
awards, foreign court judgments and contracts of
international carriage 235
BANU BOZKURT
Conclusion: tackling private international law issues
for the success of the OBOR 253
POOMINTR SOOKSRIPAISARNKIT, SAI RAMANI GARIMELLA
Index 256
Editors and contributors
About the editors
Dr Poomintr Sooksripaisarnkit LLB (Thammasat), LLM (International
Commercial Law) (Leicester), PhD (Leicester) is a Lecturer in Maritime
Law with the Australian Maritime College, University of Tasmania. Prior to
joining the Australian Maritime College, he was an Assistant Professor with
the School of Law, City University of Hong Kong, where he was also the
Associate Director of the Hong Kong Centre for Maritime and Transporta-
tion Law. His research interests lie in the fields of insurance law (marine and
non-marine), admiralty and maritime law (excluding the law of the sea and
regulations), carriage of goods by sea, international sales of goods carried
by sea, private international law (commercial conflict of laws), and aspects
of international arbitration (relevant to conflict of laws). He is an Accredited
Mediator by both the Centre for Effective Dispute Resolution (CEDR) and
the Hong Kong Mediation Accreditation Association Limited (HKMAAL).
He is a Member of the Chartered Institute of Arbitrators (CIArb) and the
London Court of International Arbitration (LCIA). He is also a Support-
ing Member of the London Maritime Arbitrators Association (LMAA). He
was an Executive Committee Member of the Hong Kong Maritime Law
Association (HKMLA) and is still involved in activities of the Hong Kong
Insurance Law Association Limited (HILA), where he used to sit on the
Executive Committee. In Australia, he is a Member of the Maritime Law
Association of Australia and New Zealand (MLAANZ) and an Associate
Member of the Australian Insurance Law Association (AILA). His recent
publications include chapter contributions on ‘The Hague Convention on
Choice of Court Agreements – Should the European Union’s Footsteps Be
Followed?’ in Sai Ramani Garimella and Stellina Jolly (eds), Private Inter-
national Law: South Asian States’ Practice (Springer Nature Pte Ltd 2017)
and ‘Bills of Lading’, ‘Marine Insurance’, and ‘Jurisdiction and Applica-
ble Law’ in Justice Barma and Mary Thomson (eds), Maritime Law and
Practice in Hong Kong (Sweet & Maxwell Asia 2015). He is working on a
book entitled Marine Insurance – Comparative Common Law Perspectives
Editors and contributors ix
(under contract with Springer Nature Pte Ltd until early 2022). His aca-
demic activities can be followed from his website www.poomintr.com or his
Twitter @pom_maritime.
Dr Sai Ramani Garimella works as a Senior Assistant Professor at the Fac-
ulty of Legal Studies, South Asian University, New Delhi, India. She was
trained at the International Chamber of Commerce (ICC) summer pro-
gramme in International Commercial Arbitration. Her research interests
are in legal theory and in private law as represented in private international
law, international commercial arbitration, international dispute settlement,
and comparative constitutional law. Her recent research work includes co-
editing a collection of research papers, Private International Law: South
Asian States’ Practice (Springer Nature Pte Ltd 2017). She also authored
the country report on the law of international arbitration in India in this
collection. She has written a textbook on private international law for
undergraduate courses in Indian universities entitled Private International
Law (Central Law Publications 2014) and served as the subject-expert
for the UGC-NME e-lecture database on private international law, a pro-
gramme sponsored by the Government of India. Her research work has
appeared in the volumes of the AALCO Journal of International Law,
published by the Asian-African Legal Consultative Organization, and the
Journal of the Indian Law Institute. Her recent research on Seat-centric
Arbitration and India is available in the latest volume of Young Arbitration
Review. She also served on the editorial board of the Journal of Law and
Conflict Resolution.
About the contributors
Banu Bozkurt was born in Germany and raised in Turkey. She graduated from
the University of Galatasaray (a bilingual French/Turkish university) Law
School. She obtained her postgraduate degree in European Union Law
from Izmir University of Economics. She completed her PhD degree in the
field of Air and Maritime Law from Yeditepe University with her thesis enti-
tled ‘Legal Responsibility of Air Transporter in case of the Death and Bodily
Injury of the Passenger under Turkish and International Law’.
She is working at Akdeniz University as an Assistant Professor teaching
and researching on maritime law, insurance law, and air law.
She has participated in many international conferences including the
International Congress of Maritime Arbitrators (ICMA) XIX (Hong Kong)
and XX (Copenhagen), the Comité Maritime International (CMI) 2015
Conference at Istanbul, and the ETL 50 years of Maritime Law in Motion.
She is a member of the Turkish Maritime Law Association and an arbitrator
of the International Arbitration Chamber of Paris (CAIP). She is a writer
and co-writer of many books and articles on carriage of goods and persons