12
When You Think Asia Disputes, Think Fulbright. TM After the spill China, environmental disasters and the role of international arbitration
| Date post: | 23-Jun-2015 |
| Category: |
Business |
| Upload: | beijing-energy-network |
| View: | 290 times |
| Download: | 1 times |
When You Think Asia Disputes, Think Fulbright.TM
After the spillChina, environmental disasters and
the role of international arbitration
2
Overview
Environmental backdrop
Sources of law – “solutions”
Effectiveness and complicating factors
A role for arbitration?
3
Overview
Environmental backdrop
Sources of law – “solutions”
Effectiveness and complicating factors
A role for arbitration?
4
Backdrop
High profile catastrophes…and some lower profile ones
Growing government activism
Legal solutions evolving to meet the problems
5
Bohai Bay
Background● 49 /51 %● 3,000 barrels● RMB 1 billion
Short term response - question marks● Compensation fund vs class action suits● Fund inclusion● Fund distribution
Regulatory response● No pre-existing regime for offshore structures● new ship pollution response regulation
6
Overview
Environmental backdrop
Sources of law – “solutions”
Effectiveness and complicating factors
A role for arbitration?
7
Sources of law - PRC
Civil law● Litigation● Arbitration
Bohai, March 2006
Criminal law● “major environmental pollution”● “poisoning”
Administrative law
8
Sources of law - international
Civil law● Litigation
E.g. Trafigura, Deepwater Horizon, ● arbitration
International law● CLC● BUNKER
9
Overview
Environmental backdrop (what’s happening)
Sources of law – “solutions”
Effectiveness and complicating factors
A role for arbitration?
10
International arbitration
method of choice for parties resolving international disputes● Flexibility● Independence● Enforceability
Arbitration or litigation?● Domestic litigation● International litigation
uses and limitations● Creature of contract
11
Chinese arbitration regime
Chinese features● short-form● little scope for witness and expert witness cross examination or
document discovery● role of Chinese arbitrators is often inquisitorial rather than
adversarial● decide matters on the basis of concepts of ‘fairness’ and ‘equity’
![Richard Townsend [315] - UW Madison Astronomy …townsend/tree/scrapbooks/315.pdf* Hungerford connections with Barbara Townsend [210] and Richard Townsend [315]. ** Catherine daughter](https://static.documents.pub/doc/80x56/5fe02ca86168ca636365ffc9/richard-townsend-315-uw-madison-astronomy-townsendtreescrapbooks315pdf-.jpg)
