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Articles 1 - 7 of 7
Full-Text Articles in International and Area Studies
To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal
To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal
Research Collection Yong Pung How School Of Law
In the wake of the global Coronavirus disease 2019 (COVID-19) pandemic, a rise in creditorinitiated winding-up proceedings is likely to be impending in coming years (See e.g., RCMA Asia Pte. Ltd. v. Sun Electric Power Pte. Ltd. [2020] SGHC 205). At the same time, geopolitical developments, such as the scale and ambition of Belt & Road Initiative projects, have raised questions over the issue of debt sustainability. Given the prevalence of arbitration clauses in modern international commercial and project agreements, the interplay and relationship between insolvency and dispute resolution, and especially arbitration, requires careful attention. While the intersections between the …
The Role Of Law In Chinese Value Chains, Henry Gao, Gregory Shaffer
The Role Of Law In Chinese Value Chains, Henry Gao, Gregory Shaffer
Research Collection Yong Pung How School Of Law
Since starting its economic reform four decades ago, China has been highly successful in integrating its economy into regional and global value chains (GVCs). This started with simple assembly and processing, then expanded to low-end labor-intensive manufacturing, and gradually moved up to technology-intensive and capital-intensive industries. This article analyzes the development of Chinese law, legal institutions, and international and transnational legal initiatives to support the development of GVCs, which we divide into five phases. The article does not idealize law in terms of ‘commitment’ or ‘rule of law,’ but rather, in the legal realist tradition, views law as an important, …
The Ccp At 100: Can It Lead China To Be The Wave Of The Future?, Eugene K. B. Tan
The Ccp At 100: Can It Lead China To Be The Wave Of The Future?, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The author discussed about the foremost geopolitical challenge China is facing as the Chinese Communist Party (CCP) marks its centenary on July 1. He pointed out that bilateral ties between US and China are patently lacking in trust, but believes both can find convergence and achieve mutual respect if determined efforts are channelled towards policies, institutions, norms, and cooperation that seek to incrementally enhance security and cooperation for both countries even as they robustly engage each other on the issues.
Wto Reform And China: Defining Or Defiling The Multilateral Trading System?, Henry S. Gao
Wto Reform And China: Defining Or Defiling The Multilateral Trading System?, Henry S. Gao
Research Collection Yong Pung How School Of Law
In November 2001, China finally acceded to the World Trade Organization, in a deal described by then WTO Director-General Mike Moore as a “defining moment in the history of the multilateral trading system”. In recent years, however, China has been accused of defiling the letter and spirt of WTO rules with its unique economic model. Believing that existing WTO rules are inadequate in dealing with the China challenge, key WTO Members have launched a new round of WTO reform, which is the subject of this article. Contrary to popular belief, most of the problems concerning China are not new but …
Digital Readiness Index For Arbitration Institutions: Challenges And Implications For Dispute Resolution Under The Belt And Road Initiative, Allison Goh
Research Collection Yong Pung How School Of Law
Post-COVID-19, a paradigm shift has occurred in the adoption of technology in arbitration. Leading arbitral institutions have adapted quickly, highlighting the foresight of institutions who have existing technological infrastructure in place. This article proposes a ‘Digital Readiness Index’, which aims to evaluate arbitral institutions on their level of digital readiness based on five evaluative indicators. Cross referenced against Institute for Management Development (IMD’s) 2019 World Digital Competitiveness Rankings, the findings reveal synergies between an economy’s digital competitiveness and the adoption of technology in dispute resolution. To further the development of dispute resolution processes under the Belt and Road Initiative, strategic …
Wto Reform: A China Round, Henry S. Gao
Wto Reform: A China Round, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the World Trade Organization (WTO), China's exports have been growing exponentially. In 2009, China became the world's top goods exporter. Four years later, China unseated the United States as the top trading nation in the world. In contrast to the burgeoning Chinese economy, the United States and Europe have been suffering from economic decline since the global financial crisis in 2008. China regards its rise as a long overdue restoration of its rightful position, as it has been the largest economy in the world for most of its history, except the brief aberration over the past …
Rethinking China Trade Policy: Lessons Learned And Options Ahead, Henry S. Gao
Rethinking China Trade Policy: Lessons Learned And Options Ahead, Henry S. Gao
Research Collection Yong Pung How School Of Law
Looking back at the China trade policy of the Trump administration, the biggest lesson is that unilateralism simply doesn’t work, at least not against a major power like China. Despite the tumultuous two-and-half-year trade war and the Phase 1 deal hailed as an “unprecedented” deal promising “a more balanced trade relationship and a more level playing field for American workers and companies,” there has been little progress on the issues U.S. businesses and the Trump administration objected to in China’s trade and economic policies. It is not only the U.S. government that needs a more viable approach. Many companies would …