The International Commercial Dispute Prevention and Settlement Organization: A Global Laboratory of Dispute Resolution with an Asian Flavor

American Journal of International Law, Forthcoming

6 Pages Posted: 8 Mar 2021

See all articles by Guiguo Wang

Guiguo Wang

Zhejiang University; Academy of International Strategy and Law

Rajesh Sharma

Royal Melbourne Institute of Technolog (RMIT University)

Date Written: January 5, 2021

Abstract

The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar.1 It was launched on 15 October 2020. As its title indicates, ICDPASO’s mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically.2 Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.

Keywords: the International Commercial Dispute Prevention and Settlement Organization, the Belt and Road Initiative, Asian flavor

Suggested Citation

Wang, Guiguo and Sharma, Rajesh, The International Commercial Dispute Prevention and Settlement Organization: A Global Laboratory of Dispute Resolution with an Asian Flavor (January 5, 2021). American Journal of International Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3763024

Guiguo Wang (Contact Author)

Zhejiang University

38 Zheda Road
Hangzhou, Zhejiang 310058
China

HOME PAGE: http://https://person.zju.edu.cn/en/0014011

Academy of International Strategy and Law ( email )

White House, No.51, Zhijiang Rd
Xihu District
Hangzhou, Zhejiang 310008
China

Rajesh Sharma

Royal Melbourne Institute of Technolog (RMIT University) ( email )

124 La Trobe Street
Melbourne, 3000
Australia

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