Partners Brian Burke (New York/Shanghai-Litigation) and Emmanuel Jacomy (Beijing-International Arbitration) hosted the Belt and Road seminar at The Langham Shanghai Xintiandi Hotel in Shanghai, China on June 13. The seminar focused on the legal and operational risks that may arise in reaching the markets along the Belt and Road initiative.

The partners discussed the lifecycle of an infrastructure project in a challenging jurisdiction, including anti-corruption, contract negotiations, and contract management with a view to control risks and avoid disputes. Topics they addressed in particular included:

• How to protect your enterprise in areas where corruption risks are high
  • Conducting effective due diligence on counterparties
  • Identifying corruption risks and minimizing the likelihood of bribery
  • How to react when corruption or bribery is found during an investigation
• Identifying and controlling risks before the start of the project
  • Drafting and negotiation of the project documentation
  • Investment treaty protection and investment treaty planning
  • Effective dispute resolution clauses, governing law and sovereign immunity
• Implementing effective contract management procedures throughout the lifetime of the project 
  • Effective management of documentation and correspondence
  • Early detection of risks and disputes
  • Responding to and handling risks and disputes during the project implementation