A Chinese-African Cross Cultural Perspective on Dispute Settlement and the Belt and Road Initiative: Challenges and Risks Facing Chinese Investors

Abstract

Dispute settlement is essential not only in China and South Africa but also along the global Belt and Road Initiative project of China. It is important to protect the interest of Chinese investors. Two main legal points are discussed: the umbrella clause and the fork-in-the-road provision. The wish to have more transparency is clearly mentioned. However, it is too early for China to accept a high level of transparency as in other bilateral investment treaties (BITs). Besides arbitration, the author also suggests other flexible ways, such as consultation and negotiation between government and private parties to resolve investment disputes in Africa. Few African countries prefer to resolve investment disputes with Chinese investors by means of arbitration or litigation.