The University of Hong Kong

Department of Law

Academic Year of 2019-2020

Examiner’s Report

[This report will be posted onto intranet immediately after the release of exam results]

Course title: LLAW6294 International investment: structuring,

Course code: LLAW6294 protecting, and resolving related disputes [Section 2A, 2019]
Report prepared by: Olga Boltenko Date: 22 June 2020

The final examination results have demonstrated that the students – despite the
unusual learning environment due to the COVID-19 pandemic – have been engaged
with the various class topics, have conducted their own independent research into the
key areas of the course, and have taken an interest in the main risks that arise along
the lines of China-backed investment activity in the Belt & Road jurisdictions.

Most students have understood and learned to recognise and mitigate project risks in
challenging jurisdictions. The students have been specifically articulate when it comes
to project finance, political risk insurance, and investment protection.

Some of the exam papers showed that a small number of students found it difficult to
apply the course materials and the information delivered during the classes to the
actual real life scenarios. This is not unusual, in particular when the student-teacher
interaction is limited to online means, which makes it difficult to ask questions and to
react to what the students might not be understanding during the class.

A very small number of students misunderstood the nature of China-backed overseas

direct investment. That was particularly obvious in some final exam papers in some of
the responses to the final exam question on the alleged “debt trap diplomacy”, although
the majority of the students were able to clearly explain the difference between
standard project finance and the Chinese BRI investment structure.

Most students have been able to embrace the multi-jurisdictional approach of the
course (a merger of contract law, project finance technique, public international law,
investment law).

Generally, in conclusion, I commend the students’ dedication to the course, and the
hard work that resulted in generally high marks for the course.