Multiple proceedings and abuse of procedure on BRI disputes

Abstract

Abstract 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. The ‘The BRI’ section will provide a general background on the nature and architecture of the BRI. The ‘Problem of multiple proceedings and abuse of procedure’ section will discuss the notion of multiple proceedings and abuse of procedure. The ‘Potential of multiple, parallel proceedings and abuse of procedure on BRI projects’ section will focus on possible multiple proceedings and abuse of procedure on BRI disputes. The ‘Possible solutions and recommendations’ section will identify possible solutions and provide recommendations. Conclusions section will draw final conclusions.