{"id":38878,"date":"2025-10-30T13:22:25","date_gmt":"2025-10-30T13:22:25","guid":{"rendered":"https:\/\/www.cdr-news.com\/?post_type=product&p=38878"},"modified":"2025-10-30T14:41:34","modified_gmt":"2025-10-30T14:41:34","slug":"icc-as-a-shield-overcoming-bri-dispute-challenges-for-chinese-electrical-equipment-companies","status":"publish","type":"product","link":"https:\/\/www.cdr-news.com\/cdr-essential-intelligence\/belt-and-road-initiative\/icc-as-a-shield-overcoming-bri-dispute-challenges-for-chinese-electrical-equipment-companies\/","title":{"rendered":"ICC as a shield: overcoming BRI dispute challenges for chinese electrical equipment companies"},"content":{"rendered":"

Introduction<\/strong><\/h1>\n

Energy is an important sector of the Belt and Road Initiative (\u201cBRI\u201d) regions, with electrical equipment being a critical sub-sector under it.<\/p>\n

Chinese electrical equipment companies (\u201cCEECs\u201d), as manufacturers of both high-voltage equipment (including power transformers, high-voltage switchgear, capacitors, etc.) and low-voltage equipment (such as power distribution systems, terminal electrical devices, relays, motor controls, protective devices, and switchgear), have established dominant positions in energy markets across the BRI regions.\u00a0 CEECs demonstrate particular competitive strength in high-voltage power transmission, wind power projects, and electrical grid development.\u00a0 For example, according to internal statistic data of one of the authors\u2019 company as of 2024, CEECs command approximately 70\u201380% of the high-voltage equipment market and nearly 60% of the low-voltage sector in the Philippines.\u00a0 Similar dominance appears in Ethiopia, where Chinese companies control nearly 80% of high-voltage and 65% of low-voltage markets.\u00a0 Even in Vietnam\u2019s competitive landscape \u2013 featuring established Japanese, Korean and Western companies \u2013 CEECs maintain a 14% market share, outperforming local Vietnamese competitors (12%).\u00a0 Collectively, Chinese state-owned enterprises account for 30\u201340% of high-voltage contracting across BRI markets, while major private Chinese companies have secured strategically significant low-voltage market positions, supplying critical components for commercial, industrial and residential electrification projects.<\/p>\n

These companies primarily engage in three business streams: (1) international sales contracts; (2) Engineering, Procurement and Construction (\u201cEPC\u201d) contracts for infrastructure like substations and photovoltaic plants; and (3) cross-border investments, including both greenfield investments and M&A.\u00a0 They, especially the first business stream with respect to delivery periods of power transformers, have seen growing disputes.<\/p>\n

While international arbitration remains the preferred dispute resolution mechanism, CEECs face acute hurdles in adapting to arbitration\u2019s common law-derived procedures.\u00a0 Key pain points include: (1) effectively utilising expert services<\/strong> for technical disputes; (2) navigating evidence disclosure<\/strong> rules (e.g., IBA Rules) and implementing robust document management<\/strong> system; and (3) mastering cross-examination<\/strong> processes, where unprepared witnesses may negatively impact the case outcome.\u00a0 Reliance on informal communication platforms like WeChat, combined with inadequate record-keeping systems, leaves CEECs unable to produce critical contemporaneous records when required.\u00a0 These procedural gaps frequently put CEECs in a disadvantaged position in arbitration proceedings.<\/p>\n

This chapter will analyse these pain points \u2013 rooted in cultural and procedural gaps \u2013 and introduce ICC dispute resolution services and targeted solutions to help CEECs overcome these challenges.<\/p>\n

ICC experts in BRI dispute resolution<\/strong><\/h1>\n

Experts are widely used in various forms of dispute resolution processes.\u00a0 This is particularly the case in disputes in the electrical equipment sector, which often involve complex technical issues, high stakes and niche areas of law, and thus demand support from technical, quantum and legal experts.<\/p>\n

The ICC International Centre for ADR (\u201cthe Centre\u201d) provides a global framework for expert-assisted dispute resolution.\u00a0 Standing at the heart of a worldwide organisation, the Centre has unmatched access to experts on all continents and from all disciplines, including accounting, finance, engineering, information technology, construction, energy and law.\u00a0 The Centre serves businesses, states and state entities worldwide, offering three key services, i.e. proposal of experts, appointment of experts and administration of expert proceedings.<\/p>\n

Proposal of experts<\/strong><\/h2>\n

The Centre provides non-binding proposals<\/strong> of experts<\/strong> upon request from parties, courts, or arbitral tribunals.\u00a0 Requests may relate to dispute resolution (e.g., expert witnesses in arbitration) or non-dispute contexts (e.g., independent technical evaluations in commercial operations).\u00a0 The Centre\u2019s role is strictly limited to proposing candidates based on specified criteria (e.g., expertise, qualifications, language skills, independence) and ends with notifying the proposal.\u00a0 The requesting party may then directly engage with the proposed expert or decline without obligation.\u00a0 Proposed experts may provide specialised opinions, assessments, or testimony.\u00a0 The expert process is confidential by default as the ICC will not disclose the request to third parties unless explicitly authorised.<\/p>\n

Appointment of experts<\/strong><\/h2>\n

The Centre provides binding appointments of experts<\/strong> when parties agree to designate the Centre as the appointing authority.\u00a0 The Centre selects experts based on parties\u2019 agreed criteria and conducts conflict checks.\u00a0 Unlike proposals, these appointments are binding on the parties as to the expert\u2019s selection, requiring mandatory acceptance of the appointed expert.\u00a0 The Centre\u2019s role terminates upon notification of the appointment.\u00a0 The parties may agree to appoint an expert to give a contractually binding expert determination or to give non-binding evaluation<\/strong>.\u00a0 <\/strong>This can be in either a contentious or non-contentious context.<\/p>\n

Administration of expert proceedings<\/strong><\/h2>\n

The Centre administers expert proceedings under its Rules when agreed by the parties, exercising supervisory authority over the entire process \u2013 from the binding appointment (or confirmation) of the expert to the termination of the proceedings.\u00a0 It facilitates communication between the parties and the expert, monitors procedural timelines, administers costs, and conducts scrutiny of the expert\u2019s draft report.<\/p>\n

The Centre may require modifications as to the form of the report and draw the expert\u2019s attention to substantive issues, without affecting the expert\u2019s liberty of decision.\u00a0 The expert may neither notify the report to the parties nor sign it until the Centre\u2019s approval is obtained.\u00a0 Such scrutiny may be waived only if all parties jointly submit a written request and the Centre considers the waiver justified under the circumstances.<\/p>\n

It is important to note the effect of the expert\u2019s findings: unless the parties expressly agree otherwise, the findings are non-binding and serve only as a basis to facilitate negotiations or settlement.\u00a0 However, if the parties explicitly agree (subject to applicable law), the expert\u2019s findings may become a contractually binding expert determination.\u00a0 In no case shall the expert under the ICC Rules act as an arbitrator, nor shall the findings be enforceable as an arbitral award.\u00a0 Unless otherwise agreed by the parties, the expert\u2019s report shall be admissible in any judicial or arbitral proceedings between the same parties.<\/p>\n

Cost-effective integration of ICC arbitration and expert proceedings<\/strong><\/h2>\n

Cost consideration is paramount for corporate users, and ICC\u2019s dispute resolution services offer a distinct advantage.\u00a0 Parties can structure their contracts to first utilise administered expert proceedings under the ICC Rules for the Administration of Expert Proceedings, which are typically faster and less expensive than arbitration.\u00a0 If the expert\u2019s findings do not resolve the dispute, the parties can then escalate the matter to ICC arbitration under the ICC Rules of Arbitration.\u00a0 This tiered approach allows parties to address technical or specialised issues efficiently through expert proceedings while preserving the option for a final and enforceable arbitral award if needed.\u00a0 Such a model dispute resolution clause can be referred to Clause D on page 34 of the ICC Expert Rules (https:\/\/iccwbo.org\/wp-content\/uploads\/sites\/3\/2015\/01\/2015-ICC-Expert-Rules-ENGLISH-version-1.pdf<\/a>).<\/p>\n

Additionally, ICC arbitration users enjoy free of charge<\/strong> expert services<\/strong> in specific scenarios.\u00a0 If the request for proposal of an expert is made by an arbitral tribunal acting pursuant to the ICC Rules of Arbitration or by a mediator acting under ICC Mediation Rules, the services of the Centre shall be provided free of charge.\u00a0 Similarly, the appointment of a neutral to act as a mediator in ongoing ICC arbitration proceedings is also offered without administrative fees if jointly requested by all parties. \u00a0These provisions enhance the accessibility and cost-effectiveness of expert services within the ICC framework.<\/p>\n

Management of party-appointed experts in arbitration<\/strong><\/h2>\n

In arbitration proceedings, experts might be appointed by a party to produce expert reports and give oral testimony on particular issues.<\/p>\n

From the appointing party and its counsel\u2019s perspective, expert management is not merely an administrative task.\u00a0 It is a key strategic component of case preparation and can materially affect the outcome of the arbitration.\u00a0 Below are some practical tips on the successful management of experts.<\/p>\n

First, parties are advised to engage with experts early in the proceedings to avoid all major experts being \u201cconflicted out\u201d.\u00a0 Early coordination also allows sufficient time to align availability, define the scope of work and establish a collaborative working process between counsel and expert.\u00a0 Importantly, if the expert candidates initially contacted are not able to clear conflicts or fail to meet a party\u2019s expectations\/requirements, there still remains sufficient time to further contact or source other experts, which can itself be a time-consuming process.<\/p>\n

Second, counsel should consider discussing with the technical experts on ways in which they can make technical concepts digestible for the tribunal \u2013 for instance, by using diagrams, charts and analogies.\u00a0 If the expert reports are too dense or replete with technical jargons, they will not be effective in assisting the tribunal.<\/p>\n

Third, subject to applicable professional conduct rules, it would be helpful to have witness familiarisation sessions with experts, especially for those who have not given evidence in contested proceedings before.\u00a0 The purpose is to enable them to understand the adversarial nature of the proceedings and the order of events, so that they know what to anticipate and not be taken by surprise procedurally.\u00a0 Caution should be taken so as not to tread into the impermissible territory of witness coaching (i.e., influencing expert evidence).<\/p>\n

Document production in BRI disputes<\/strong><\/h1>\n

Document production in international arbitrations generally refers to a process by which parties are required to provide relevant documents or evidence to the opposing party during the proceedings.\u00a0 In international arbitration, there is no automatic duty for parties to disclose documents, nor right to request or obtain document production, unless (i) the parties mutually agree, or (ii) the arbitral tribunal orders such disclosure upon a justified request meeting the general document production principles of specificity, relevance, materiality and proportionality.<\/p>\n

The practice of document production varies considerably between civil law and common law traditions.\u00a0 In civil law jurisdictions, litigation often involves minimal or no document production, with parties primarily relying on evidence they themselves submit.\u00a0 In contrast, common law systems, particularly in the U.S. and U.K., feature broad discovery obligations that can require extensive disclosure of documents.\u00a0 International arbitration seeks to strike a balance between these approaches, tailoring the process to the needs of the case while avoiding the inefficiencies of overly expansive discovery.<\/p>\n

Under the ICC Rules of Arbitration, arbitral tribunals have the power to decide whether or not to order the production of documentary evidence, including electronic documents, and to manage any such process in a fair and efficient way.\u00a0 In addition, the framework for the production of documents set out in the IBA Rules on the Taking of Evidence in International Arbitration is a valuable resource to help parties and arbitrators deal with the issue of document production.\u00a0 Practically, Redfern Schedule (or its variations) is widely used to streamline the document production process.<\/p>\n

Challenges in document production<\/strong><\/h2>\n

In this section, we discuss the practical challenges faced by parties, particularly CEECs, in document production.\u00a0 This is important because a failure to properly comply with the tribunal\u2019s document production order may result in undesirable consequences (e.g., adverse inferences and bad optics before the tribunal).<\/p>\n

Volume and format of data<\/em><\/strong><\/h3>\n

As BRI projects frequently span several years (if not decades), across multiple jurisdictions, and involve a wide array of stakeholders, including state-owned enterprises, subcontractors, and regulatory bodies, the volume of documents potentially subject to document production when a dispute arises is often large.\u00a0 This can involve a fragmented and extensive evidentiary record: (a) stored across different systems in different types of media and format (e.g., design documents, technical specifications, system logs, source codes, testing and commissioning reports and financial and quantum models); and (b) in various languages.<\/p>\n

This challenge is even more significant for companies, including many CEECs, which do not have a well-established and consolidated document management system and highly rely on informal communication channels like WeChat and WhatsApp in internal and external business communications.<\/p>\n

The extraction and management of this volume of data requires careful strategic planning and deployment of appropriate tools, which will be discussed further below.<\/p>\n

Confidentiality of documents<\/em><\/strong><\/h3>\n

Confidentiality is also a particular concern for BRI disputes involving advanced technologies.\u00a0 Technical documentation may include proprietary algorithms, source code and sensitive system architecture, which are highly confidential and\/or relate to trade secrets.\u00a0 In some cases, document production may even concern national security, especially where critical infrastructure in key sectors, advanced technology and\/or state-affiliated entities are involved.<\/p>\n

These concerns should be carefully balanced by a tribunal against the need for transparency and fairness of the proceedings.\u00a0 From parties\u2019 perspectives, besides raising objections on the basis of confidentiality, which may or may not be supported by the tribunal, they may also consider whether any alternative protective measures are viable, such as redactions, confidentiality rings, or \u201cattorney-only\u201d designations to help mitigate these risks.<\/p>\n

Cross-border transfer of documents<\/em><\/strong><\/h3>\n

Given the international nature of BRI disputes, another complication in relation to document production often arises from the need for cross-border data transfers.\u00a0 This may trigger complex and evolving regulatory restrictions on cross-border transfer of data.<\/p>\n

Practical tips for handling document management and production<\/strong><\/h2>\n

Having considered the challenges often associated with document production in BRI disputes, we now discuss some tips and suggestions to help parties navigate the process.<\/p>\n

First, where the parties are large organisations and the project has been longstanding, it is often advisable for the parties to take early steps to prevent the records from being destroyed accidentally.\u00a0 This is especially important where personnel involved in the project may have left or are leaving employment and the disputes largely turn on the written records.\u00a0 For example, CEECs often fail to adequately preserve essential communications, emails, and claim letters due to systemic weaknesses.\u00a0 These include insufficient or poorly enforced document retention policies, high employee turnover without robust knowledge transfer protocols, fragmented or outdated IT systems, and a lack of clear procedures for identifying and preserving dispute-relevant materials.\u00a0 Compounding these issues is a cultural reliance on informal communication channels (e.g., WeChat) that frequently escapes formal record-keeping.\u00a0 During arbitration document production phases, these deficiencies become acutely problematic and can critically undermine legal positions.\u00a0 As such, besides a holistic improvement of document and record management in daily operation, CEECs are advised, once there is a signal of dispute, to consider how to address their weakness of their record keeping at the early stage.<\/p>\n

Second, strategic planning is critical as document production is not a mechanical process.\u00a0 For example, if a party puts in an extensive request, there is a risk that an important request gets \u201clost\u201d in the list of hundreds of other requests.\u00a0 The requesting party will get something, but rarely will it get everything.\u00a0 Conversely, if a party puts in a focused and concise request, it is more likely to appear reasonable to the tribunal and get the key documents it needs in the arbitration.\u00a0 It is also possible for the parties to negotiate on the scope of document production, instead of leaving all decisions to the tribunal.<\/p>\n

Third, it is worth considering engaging third-party electronic platform providers and\/or implementing AI-powered tools to conduct and streamline the document review process, especially when the volume of data is large.\u00a0 These technologies can assist with organising documents (e.g., making certain formats of data reviewable, running automatic translations), identifying key materials, automating chronology or even conducting first-level reviews based on user feedback.\u00a0 It therefore tracks the process of review to ensure its integrity and can save costs if used appropriately.\u00a0 When using AI-powered tools, it is important for counsel to always discuss with the client any confidentiality requirements or concerns to ensure that the relevant AI tools comply with any client policies.<\/p>\n

Fourth, as noted above, where the documents are highly technical, counsel should enlist the expert\u2019s assistance in the review process to understand the documents and how they fit into its arbitration strategy.\u00a0 Technical experts can often help identify gaps, inconsistencies, or critical documents that may not be immediately obvious to the legal teams.<\/p>\n

These steps, when implemented early and consistently, can help parties manage the document production process, ensure its integrity and ultimately, best assist the tribunal.<\/p>\n

Cross-examination in BRI disputes<\/strong><\/h1>\n

Cross-examination is a critical component of common law tradition, and is often seen in international arbitration nowadays.\u00a0 Through cross-examination, opposing counsel will have an opportunity to question witnesses directly to assess their credibility and integrity.\u00a0 Unlike written evidence, live cross-examination enables tribunals to evaluate witness demeanour, often proving decisive in factual determination.\u00a0 Effective cross-examination can expose case weaknesses or strengthen claims\/defences, significantly influencing the final award.<\/p>\n

Cross examination is often found challenging by Chinese BRI participants (including CEECs), because of unfamiliarity with common law procedures, insufficient witness preparation, and cultural discomfort with adversarial questioning.\u00a0 Unprepared key witnesses (e.g., engineers or project managers) may deliver poor testimony or even try to avoid hearings entirely, leading tribunals to discount their evidence.<\/p>\n

How to best prepare for and utilise the cross-examination process is a big topic, which the authors do not intend to address in this chapter given the page constraints.\u00a0 It is comforting to mention that ICC has been making great efforts through trainings and events in civil law jurisdictions to promote awareness of cross examination.\u00a0 CEECs and their lawyers are encouraged to take part in these sessions to improve their knowledge and skills in this respect.<\/p>\n

Conclusion and visions<\/strong><\/h1>\n

CEECs have accumulated substantially more experience in international dispute resolution over the past two decades, thanks to their growing involvement in cross-border projects and related arbitration proceedings.\u00a0 Despite this progress, a noticeable gap remains between CEECs and their counterparts when it comes to navigating common law-derived procedures \u2013 particularly in the areas of experts, document production, and cross-examination.\u00a0 These often differ from the civil law traditions familiar to many Chinese enterprises.\u00a0 Nevertheless, as Chinese companies continue to expand their global footprint, the need for efficient, enforceable, and culturally balanced dispute resolution mechanisms becomes increasingly urgent.<\/p>\n

ICC, as the leading arbitral institution, is well-positioned to respond to this demand.\u00a0 The authors envision the development of integrated dispute resolution mechanisms that harmonise common law and civil law traditions \u2013 a forum where all stakeholders can collaborate to make international arbitration more accessible, efficient, and user-friendly for users across the globe.\u00a0 It is also our hope that CEECs and other Chinese enterprises will not only adapt to these procedures but will also become more active and sophisticated participants in international arbitration \u2013 contributing to a more balanced and inclusive global dispute resolution landscape.<\/p>\n

Acknowledgment<\/strong><\/h2>\n

The authors would like to thank their colleague Irene Ding from Clifford Chance for her contribution to the chapter.<\/p>\n

Disclaimer<\/strong><\/h2>\n

Please note that the views expressed here are of the authors only and do not represent the views of the ICC or any guidance from the ICC on the dispute resolution process.<\/p>\n","protected":false},"excerpt":{"rendered":"

Introduction Energy is an important sector of the Belt and Road Initiative (\u201cBRI\u201d) regions, with electrical equipment being a critical sub-sector under it. Chinese electrical equipment companies (\u201cCEECs\u201d), as manufacturers of both high-voltage equipment (including power transformers, high-voltage switchgear, capacitors, etc.) and low-voltage equipment (such as power distribution systems, terminal electrical devices, relays, motor controls, […]<\/p>\n","protected":false},"featured_media":0,"parent":38827,"template":"","meta":{"inline_featured_image":false},"product_brand":[],"product_cat":[3224],"product_tag":[],"class_list":{"0":"post-38878","1":"product","2":"type-product","3":"status-publish","5":"product_cat-belt-and-road-initiative","7":"first","8":"instock","9":"downloadable","10":"virtual","11":"taxable","12":"purchasable","13":"product-type-simple"},"yoast_head":"\nOvercoming BRI dispute challenges for CEECs<\/title>\n<meta name=\"description\" content=\"This article analyses pain points rooted in cultural and procedural gaps and introduce ICC dispute resolution services and targeted solutions to help CEECs.\" \/>\n<meta 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