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Arbitration in Asia - 2nd Edition

Arbitration in Asia - 2nd Edition
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
Total Pages: 844
Release: 2008-09-01
Genre: Law
ISBN: 1933833203

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Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.


New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-12-10
Genre: Law
ISBN: 940352863X

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International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.


International Commercial Arbitration

International Commercial Arbitration
Author: Simon Greenberg
Publisher: Cambridge University Press
Total Pages: 582
Release: 2010-12-17
Genre: Law
ISBN: 9780521695701

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There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.


International Commercial Arbitration in Asia

International Commercial Arbitration in Asia
Author: Philip J. McConnaughay
Publisher:
Total Pages: 526
Release: 2002
Genre: Law
ISBN:

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This treatise brings together some of Asia's foremost scholars and practitioners to provide an in-depth commentary on the laws and institutions involved with commercial arbitration in each of Asia's leading trading nations: China, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, and Vietnam. Each chapter covers not only the laws, procedures, institutions and customs affecting international commercial disputes, but also the differences between Western and Asian clients in the assignment of importance to each factor in the decision making process. The accompanying CD-Rom is devoted to original source materials, such as institutional and national rules and national legislation.


International Investment Treaties and Arbitration Across Asia

International Investment Treaties and Arbitration Across Asia
Author: Julien Chaisse
Publisher: BRILL
Total Pages: 725
Release: 2018-02-05
Genre: Law
ISBN: 9004360107

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International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.


Asian Leading Arbitrators' Guide to International Arbitration

Asian Leading Arbitrators' Guide to International Arbitration
Author: Michael Charles Pryles
Publisher: Juris Publishing, Inc.
Total Pages: 568
Release: 2007-10-01
Genre: Arbitration and award
ISBN: 1933833114

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The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.


Dispute Resolution in Asia

Dispute Resolution in Asia
Author: Michael Pryles
Publisher: Springer
Total Pages: 448
Release: 2002-10-10
Genre: Law
ISBN:

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Dispute Resolution in Asia was first published in 1998 and was one of the few titles to deal exclusively with the Asian region. This second edition is not only an updated version of the first edition but is also an expanded work. Chapters on India and Indonesia have been added. The first chapter presents an overview of dispute resolution in Asia and examines the question whether there is an Asian style of dispute resolution. The remaining chapters focus on twelve particular countries. They are important trading countries or countries which are the recipients of substantial foreign investments. This second edition fills the need for increased information on dispute resolution in a region whose economic importance is still growing. Features: The examination of dispute resolution in 12 countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies; The work provides a broad coverage in terms of its subject matter: The book is not confined to arbitration or litigation but examines arbitration, litigation and mediation; Contributions vary in style and contents and thus reflect the diversity of legal systems and cultures in Asia; Specialists focus on countries with which contributors have particular expertise or experience; Statistics provided on arbitration centres in Asia. Benefits: updated and expanded version of the first edition; a substantial coverage of twelve countries; in addition to chapters on Australia, People's Republic of China, Hong Kong, Japan, Malaysia, The Philippines, Singapore, Taiwan, Thailand, and Vietnam, chapters on India and Indonesia have been added; all the contributors are senior lawyers with vast knowledge and experience of dispute resolution in Asia and are experts in their field; country studies are not limited to arbitration or litigation but examines arbitration, litigation and mediation


Resolving Disputes in the Asia-Pacific Region

Resolving Disputes in the Asia-Pacific Region
Author: Shahla F. Ali
Publisher: Routledge
Total Pages: 240
Release: 2010-10-18
Genre: Law
ISBN: 1136894357

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How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.


International Commercial Arbitration

International Commercial Arbitration
Author: Simon Greenberg
Publisher: Cambridge University Press
Total Pages: 583
Release: 2011-01-17
Genre: Law
ISBN: 113949449X

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There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.


International Arbitration Discourse and Practices in Asia

International Arbitration Discourse and Practices in Asia
Author: Vijay K. Bhatia
Publisher: Routledge
Total Pages: 224
Release: 2017-07-28
Genre: Law
ISBN: 1351860127

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International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.