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Author | : Vijay K. Bhatia |
Publisher | : Routledge |
Total Pages | : 297 |
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.
Author | : Vijay K. Bhatia |
Publisher | : Linguistic Insights |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Arbitration and award |
ISBN | : 9783034320320 |
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This volume investigates the discursive practices of arbitration proceedings in some important Asian countries. The texts taken into consideration include not only norms and awards, but also interviews with professionals in the field so as to gain direct insights into the linguistic and textual choices employed in the drafting of these documents.
Author | : Vijay Kumar Bhatia |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 350 |
Release | : 2012 |
Genre | : Law |
ISBN | : 9781409432319 |
Download Discourse and Practice in International Commercial Arbitration Book in PDF, ePub and Kindle
This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. It hi-lights the challenges facing the institution of arbitration, and identifies the opportunities available for its development as an institution. This volume serves as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
Author | : Shahla Ali |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 313 |
Release | : 2020-12-10 |
Genre | : Law |
ISBN | : 940352863X |
Download New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution Book in PDF, ePub and Kindle
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.
Author | : Michael J. Moser |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 844 |
Release | : 2008-09-01 |
Genre | : Law |
ISBN | : 1933833203 |
Download Arbitration in Asia - 2nd Edition Book in PDF, ePub and Kindle
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.
Author | : Michael Charles Pryles |
Publisher | : |
Total Pages | : 362 |
Release | : 1997 |
Genre | : Law |
ISBN | : |
Download Dispute Resolution in Asia Book in PDF, ePub and Kindle
Dispute Resolution in Asia is one of few titles to deal exclusively with the Asian region. The examination of dispute resolution in ten countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies. Furthermore, The country studies in this work are not limited to arbitration or litigation but also examine mediation in each country. The introductory chapter presents an overview of dispute resolution throughout Asia and examines the interesting question of whether there is an `Asian' style of dispute resolution. The ten countries examined in the book are all important trading countries or destinations for foreign investment. The contributors to this publication consist of an impressive group of senior lawyers, international arbitrators, academics and directors of arbitration centres with considerable experience in the field. Their work taken together presents an interesting and varied examination of the rules on dispute resolution in the fastest growing region in the world. This book will be of interest to international business people and lawyers, As well as to students of dispute resolution.
Author | : Christopher N. Candlin |
Publisher | : Routledge |
Total Pages | : 339 |
Release | : 2016-05-23 |
Genre | : Law |
ISBN | : 1317149955 |
Download Discourse and Practice in International Commercial Arbitration Book in PDF, ePub and Kindle
It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
Author | : Simon Greenberg |
Publisher | : |
Total Pages | : 543 |
Release | : 2011 |
Genre | : Arbitration and award |
ISBN | : 9781283015967 |
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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.
Author | : Jan Engberg |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 478 |
Release | : 2019-01-15 |
Genre | : Language Arts & Disciplines |
ISBN | : 1527525813 |
Download Frameworks for Discursive Actions and Practices of the Law Book in PDF, ePub and Kindle
This volume provides descriptive and interpretive insights into the ‘living’ usage of language and other semiotic modes in building and performing the law across academic, professional and institutional contexts, where issues arise from the meaning and function of legal texts, discourse and genre in constituting and enabling conventions, albeit dynamically, and account for the socially and (inter)culturally influenced forms of discursive actions and practices. The twenty contributions included here weave significant contexts and situations for legal discourse and practice into a tight thread, and justify selected topic areas through a variety of approaches, frameworks, methodologies, and procedures. As such, this publication is multidimensional and multiperspectival in its design and implementation of key issues confronting discursive actions and practices of the law, and provides an invaluable resource for academics in a wider range of disciplines, including linguistics, applied linguistics and communication studies. It will also be of interest to students of interdisciplinary discourse analysis.
Author | : Seokwoo Lee |
Publisher | : BRILL |
Total Pages | : 477 |
Release | : 2020-11-30 |
Genre | : Law |
ISBN | : 9004437789 |
Download Asian Yearbook of International Law, Volume 24 (2018) Book in PDF, ePub and Kindle
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).