One Belt and Road Initiative in Europe – legal perspective

One Belt and Road Initiative in Europe – legal perspective

The Belt and Road Initiative (BRI) is a global infrastructure development strategy embraced by the Chinese government to build both land and maritime connections between Asia and Africa and Europe regions in pursuit of the improvement of regional integration, increase of trade and growth of the global economy. The main focus under BRI has been infrastructure, including railways, ports, roads, airports, telecommunication facilities and energy facilities. The initiative has already been listed as one of the largest infrastructure and investment projects in history. What does the relationship between China and other countries look like? And what can be explained from a legal point of view? In this article, we at Amice Advocaten will reflect on the foregoing questions.

The Budapest-Belgrade High Speed Railway

Announced in November 2013 and partly opened (Belgrade—Novi Sad section) in March 2022, the Budapest-Belgrade High Speed Railway – the first Chinese railway “going out” program – was monumented by the good collaboration between China, Hungary and Serbia. During this project, China has supplied the catenary, traction substation, communication signal and other main products. A laboratory in Belgrade, which focuses on high-speed train operation systems, was built by a Chinese company and used by China Railway Signal & Communication Corp (CRSC) for conducting research works. The laboratory is a successful and huge multi-field radiated project in construction.

The Poland’s Shalayjow Reservoir and Cross Reservoir Projects

The project owner concerns the Wroclaw Local Water Authority under the Polish National Water Holding Company. Moreover, the source of funding is the World Bank and government matching funds. The State-owned company Power China won the bid for this project containing dam body filling, spillway sluice chamber structure, spillway structure, grit chamber, reservoir area shaping, river regulation, river slope protection and masonry, pipe culvert and cross-building reconstruction.

At the beginning of this construction, Power China conducted a comprehensive survey of the construction site and found out some discrepancies between the reality and what was written in the crucial construction documents. Due to the COVID-19 pandemic, the project is expected to be completed next year.

Which areas of law are relevant and applicable?

Theoretically speaking, conflicts under BRI cooperation are generally about investment, financial, and intellectual property. By analyzing the procedure to initiate or conduct a project, procurement law, administrative law, contract law, corporate law, construction law and labor law are relevant and applicable. Obviously, it depends on the case which law applies. Because of this, we at Amice Advocaten take a case-by-case approach. For example, when considering what kind of project would be on-going, how the cooperation is structured on this project (SOE) and which country enjoys the jurisdiction for conflict solution.

Different legal orders, classifications and procedures between China and the EU member states mean that different types of law at both national and international level need to be considered in practice. For the sake of risk alarming, it’s important to go for professional services in each stage of the project.

Who are we?

Amice Advocaten, is a professional law firm specialized in the legal fields of construction and installation, machine industry, real estate and infrastructure. We provide assistance to both Chinese investors in the Netherlands and Dutch investors in China, including companies searching legal aid and operating in projects for the Belt and Road Initiative (BRI) across Europe.

In this context, specializations are in the fields of procurement law, administrative law, corporate law, construction law and real estate law. Within this are the jurisdictions (international) contract law, (international) arbitration, spatial administrative law and procedural law in general. No matter who you are, Chinese clients investing in the Netherlands or Dutch clients who have business with China region or Chinese, we will gladly provide you with legal services.

Why can we help you?

We can provide legal and consultant services on EU procurement law, administrative law, corporate law, construction law and real estate law to both the Chinese SOEs and POEs as the incumbent general contractors in infrastructure and construction areas of the BRI projects in the emerging markets in the Netherlands and Europe. In particular for their clients as a sub-contractor or a consortium partner in the public and private sectors. In addition to that, if you do business between China and the Netherlands under the environment of BRI, we can help you on your trade related issues. You are warmly welcomed to tell us about your problems. Do not hesitate to contact Amice Advocaten for legal remedies.

Why you might need us?

To circumvent risks from legal information asymmetry. It is essential that contractual parties are at the same boat under different legal backgrounds to guarantee a healthy cooperation and reduce the hidden risks. Reviewing and consulting are good choices that help.

Lastly, we can work in your language. It is important to be fully understood in another language when facing a law suit. The barriers about language is solved by us internally. We provide you a professional, accurate, comfortable service using your language. At Amice Advocaten, we speak the Chinese (Mandarin), Russian, English and Dutch language.

Sources:

Website:

https://www.beltroadresearch.com/publications/europe/

Belt & Road Research Platform | last seen on 08-09-2022

publication:

The European Belt & Road: Railways, Roads & Ports That EU Investors Should Be Examining For Post-Completion Investment Opportunities – Silk Road Briefing

Silk Road Briefing | Published on 10-10-2020

https://www.ndrc.gov.cn/xwdt/ztzl/zgzdogjhz/202203/t20220323_1320130.html?code=&state=123

National Development and Reform Commission | Published on 23-03-2022

http://shj.stecol.cn/art/2021/9/9/art_6893_1215800.html

Power China official website | Published on 09-09-2021

https://www.chinca.org/cica/info/18042009355011