It is a privilege for me to be invited to write this foreword for The Belt and Road Initiative: Chinese Engineering Contractors Operating Overseas: Risk Assessment and Management.
The Permanent Forum of China Construction Law (PFCCL) conducted a study (the Study) on the risk analysis and management that Chinese engineering contractors which operate overseas are facing. As an outcome of the Study, PFCCL successfully presents Chinese readers this Book, which comprehensively covers the topics of political, social and market environment of host countries, legal environment in host countries, risks of project stakeholders, project risks and internal risks of contractors, which will serve as a very useful guidance for Chinese engineering contractors when operates construction and engineering projects overseas. Its importance to Chinese contractors operating overseas becomes even more significant in the context of the Belt and Road Initiative (BRI) because BRI is such a dynamic project that involves the global flow of hundreds of billions of dollars, many of which are and will be used in engineering and construction projects delivered by these leading Chinese contractors.
Furthermore, looking from another perspective, the Book could also perfectly serve for two additional purpose: 1) the perspectives on risk analysis and management from Chinese engineering contractors presented by the Report may help their counterparts to better understand the worries and concerns of the Chinese engineering contractors and the Chinese business culture and philosophy behind them; 2) more broadly speaking, some of the risks that Chinese engineering contractors are facing in their overseas operation are in fact the same as those faced by the contractors from other countries and thus may serve as a general guidance to the same, both of which will eventually help the improvement of business practice in the captioned sector in real life practice. I understand that PFCCL will work with multiple international organizations towards an updated report in the future from a more global perspective to benefit the general international arbitration practice in the captioned field, to which I am looking forward.
Being the worlds leading arbitral institution, with more than 20% of its caseload in engineering and construction sector, ICC International Court of Arbitration (ICC Court) has devoted itself to more effective and efficient dispute resolutions in the field. Having supported the Study by providing the Working Group with several anonymized arbitral awards for case study, ICC Court will continue contributing to the global engineering and construction community with its flagship arbitration services, as it has done in the past 96 years, and, through its BRI Commission and Africa Commission, continuing working with PFCCL and other friends to update the engineering and construction community the latest international arbitration practices via conferences and trainings and improve the overall quality of arbitration for engineering and construction disputes.
Congratulations again to PFCCL on the successful publication of the Book!
President of ICC International Court of Arbitration
28 May, 2019
The spectacular development of China in recent years is largely reflected in its booming construction industry. Buildings, civil, industrial and other engineering works designed and implemented in China are most impressive.
It is only natural that the experience and expertise developed by Chinese engineering contractors are now playing an increasing role in Chinas exports. Exporting engineering services however require that contractors familiarise themselves with international contractual practices and with the various legal environments in which they will have to operate. These may indeed differ considerably from one country to the next and from those applied in China. Chinese engineering contractors turning to export their services, thus, face new risks, in addition to those inherent in engineering projects in general.
In this context, the Permanent Forum of China Construction Law can only be congratulated for having established its Sixth Working Group and mandated it to examine the Legal Risks and Facing Chinese Engineering Contractors Operating Overseas and Practical Solutions.
The complexity of legal and contracting issues that arise in international engineering projects and the diversity of systems that must be considered, made this project daunting. The task was made even more challenging considering the broad scope adopted for the study. Yet, the Chinese group of Legal Experts completed this mission in a remarkably short period of time,gathering a large amount of materials and very useful thoughts.
Further input was provided in the form of external material, in particular from the ICC and ICCA, and from the Panel of International Experts to which I made a modest contribution as one of the Panel members.
In its final form, the book provides both insight into the risks of international engineering projects facing Chinese contractors, and useful advice on how to address them. As such, it is a valuable and important tool not only for Chinese contractors but also for all players engaged in international engineering projects, as contractors, employers, engineers, lenders, insurers and in the many other functions that are required for the successful design and implementation of such projects. It certainly deserves wide circulation within this broader construction circle.
Michael E. Schneider
CoChair, Expert Advisory Committee of PFCCL
Geneva, 28 May, 2019
感谢国际商会仲裁院（The International Court of Arbitration of the International Chamber of Commerce，ICC Court）与国际商事仲裁理事会（International Council for Commercial Arbitration，ICCA）对本调研项目的持续关注和鼎力支持。国际商会仲裁院向工作组提供了多份经加密处理的仲裁裁决作为案例研究素材，国际商事仲裁理事会推荐了享誉业界的国际专家加入工作组，对项目的圆满完成给予了莫大的帮助。尤其感谢国际商会仲裁院主席Alexis Mourre先生、秘书长Alexander G. Fessas先生、国际商会北亚地区仲裁与ADR主任范铭超博士以及国际商事仲裁理事会主席Gabrielle KaufmannKohler教授、副执行主任Lisa Bingham女士对本调研项目的鼓励和支持。
感谢法律出版社法商分社社长薛晗女士和责任编辑慕雪丹小姐为本书的顺利出版所付出的辛劳。感谢李佳小姐、黄兴宇先生、赵颍夫先生、李国林先生、王子越小姐、龚惠兰子小姐、陶玺先生、Charmelia Sugianto女士和Alex Kamath先生对本书文稿的细致审校。