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Objective: Over the past decade, arbitration has grown in popularity as a method of resolving commercial disputes worldwide. However, this practice is relatively new in Macao SAR. Recently, official plans were announced to make Macao as a seat of arbitration for commercial disputes between China and Portuguese-speaking countries (Hereinafter PSCs). This article is dedicated to explores the possibility of Macao undertaking and implementing such a role. Accordingly, this article addresses the following issues: What are the strengths and weaknesses of Macao as a seat and eventually as venue for hosting international commercial arbitration between Chinese and PSCs entrepreneurs?Methodology: A mixed-method approach of legal doctrinal and empirical research was used in this article. We first included a thorough study of the concept of arbitration followed by analysis of various legal journals and legislations, including Macao, China, and PSCs’ arbitration laws. An empirical research was then used to collect data by surveying and interviewing with both lawyers and arbitration practitioners from Macao, China and PSCs.Results: This article argues that the strength of Macao resides in the similarities between its legal system and that of the China and PSCs and the languages advantage (Chinese and Portuguese both official languages). In spite of this, arbitration is still relatively underutilized in the region, and there is a limited number of arbitrators and legal professionals with bilingual proficiency.Contributions: This article contributes to the identification of the opportunities and challenges that Macao faces in its potential future development as a seat/venue of arbitration between China and the PSCs.
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Over the past several decades, the dichotomy between traditional and emerging donors has been based upon the notion that emerging donors (such as China) support authoritarian regimes and use foreign aid to pursue their economic interests at the expense of the poor in the recipient countries. Accordingly, Western donors, media, and scholars portray Chinese aid as non-poverty-focused. This study aims to review and analyze whether the dichotomy between traditional and emerging donors is still relevant in the current aid system and to propose a new and rigorous criterion for recategorizing donors. In terms of methodology, this study relies on secondary data, including scholarly works on traditional and emerging donors and foreign aid policy documents. Conclusions based on the research indicate that the divide between traditional donors and (re)emerging donors is becoming more ambiguous. The literature review indicates that the two donors’ aids had a mixed impact and that their approaches were similar. This paper highlights the importance of developing different recategorization criteria depending on the impact of aid.
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The following Arbitration practice note provides comprehensive and up to date legal information on Arbitration as a dispute resolution method in Macau
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This Practice Note considers challenges to the jurisdiction of arbitral tribunals under the Macau Arbitration Law, the scope of challenge before national courts and tribunals.
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This paper examines the extent to which China’s aid policies integrate poverty alleviation as a goal of their aid in general, particularly in Guinea. More specifically, the paper analyzed how aid donors focus on poverty alleviation and which policies and mechanisms are in place to address poverty in the countries receiving aid. Regarding the methodology, the author collected data from secondary sources, including government declarations of donors, policy documents at both the donor and recipient levels, as well as from scholarly publications. The following findings resulted from study: China’s aid policies have progressively incorporated poverty alleviationobjectives and identified sectors for intervention against poverty. However, the limitations of China approach to poverty is that China adopts a top-down approach to poverty reduction and lacks of an impact evaluation mechanism based on poverty alleviation.
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Under Macau Arbitration Law (MAL, art 64.1), an award shall be made in writing and shall be signed by the arbitrator or arbitrators. Furthermore, the law provides that in case of arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated (MAL, art 64.2).
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This Practice Note provides an overview of the powers of tribunals and courts to issue interim remedies including an anti-suit injunction pursuant to the Arbitration Law and the Civil Procedure Code of Macau and provisions dealing with emergency arbitrator appointments pursuant to the Macau Arbitration Law.
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China's re-emergence as an aid donor has attracted the attention and criticism from Western donors, academia, and the media. In contrast to traditional donors, China's aid has been portrayed as anti-poverty aid, mainly due to its combination with other instruments, such as investment, and the absence of any political or economic conditions. This paper examines the impact of Chinese aid projects in Guinea's education sector from the perspective of the beneficiaries. The author collected data from both primary (interviews) and secondary (document analysis) sources. The present study concludes that China's aid projects in the education sector have received both positive and negative feedback, mainly because the recipients' needs have not been appropriately targeted. This study contributes to the literature on China's role in Africa. More specifically, it discusses the conditions for aid effectiveness in the field of education. Moreover, in the context of the globalization of aid practices, the study proposes best practices for China to adopt in order to improve the practices of its aid delivery. The novelty of this study lies in the methodology (qualitative method) used to understand China's aid from the perspective of the beneficiaries of its aid.
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Abstract With its large population and natural resources, Africa needs investors who can sustain its development. At the same time, foreign investors expect returns on their investments. In ...
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