Huawei Sun
Atlanta, 4 November 2014
Asia and Africa: Trends in the Developing East-South
Dispute Resolution Axis – China's Perspective
Overview

China’s presence in Africa

Common types of disputes

Dispute resolution fora

Legal and cultural barriers

Future trends
China’s presence in Africa

Nearly 2,500 Chinese companies doing business in
Africa

Investment activities have expanded beyond energy
and resources

Special Chinese Economic Zones (SEZs)
Common types of disputes

Energy: oil pricing, oil lifting, tax, government licenses

Construction: delay, quality, price

Sales of goods and letter of credit/guarantees

Environment: crude oil dumping

Labor

Investment treaty claims?
Dispute resolution fora

Arbitration

ICC, LCIA, CIETAC, CRCICA

Seats in Paris, London, Lagos, Beijing, Cairo

Factors to consider – neutrality, expertise, costs,
convenience

Local litigation

Diplomatic channels?
Legal and cultural barriers

Legal barriers: unfamiliarity with English law and
rigorous common law tradition

Cultural barriers:



Communication
Expectation
Understanding
Future trends

The increasing power of Chinese parties to negotiate
the arbitration forum

China-Africa Joint Arbitration Centre
Questions?
These are presentation slides only. The information within
these slides does not constitute definitive advice and
should not be used as the basis for giving definitive advice
without checking the primary sources.