New Frontiers In Asia Pacific International Arbitration And Dispute Resolution

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitration in Asia - 2nd Edition

Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833203
Total Pages : 844 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration in Asia - 2nd Edition by : Michael J. Moser

Download or read book Arbitration in Asia - 2nd Edition written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2008-09-01 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Resolving Disputes in the Asia-Pacific Region

Author : Shahla F. Ali
Publisher : Routledge
ISBN 13 : 1136894357
Total Pages : 168 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Resolving Disputes in the Asia-Pacific Region by : Shahla F. Ali

Download or read book Resolving Disputes in the Asia-Pacific Region written by Shahla F. Ali and published by Routledge. This book was released on 2010-10-18 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Investor-State Arbitration

Author : Luke Nottage
Publisher : Edward Elgar Publishing
ISBN 13 : 1800880820
Total Pages : 424 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis International Commercial and Investor-State Arbitration by : Luke Nottage

Download or read book International Commercial and Investor-State Arbitration written by Luke Nottage and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.

Forming Transnational Dispute Settlement Norms

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1789907179
Total Pages : 288 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Forming Transnational Dispute Settlement Norms by : Shahla F. Ali

Download or read book Forming Transnational Dispute Settlement Norms written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

Dispute Resolution in China

Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833742
Total Pages : 458 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Dispute Resolution in China by : Michael J. Moser

Download or read book Dispute Resolution in China written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2012-07-01 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in China provides an up-to-date summary, commentary and analysis of how disputes are settled in today’s China. Like in many other jurisdictions, litigation and arbitration are the main dispute resolution methods to settle large commercial disputes in China. While litigation is more commonly used in domestic commercial disputes, arbitration is the most popular dispute resolution method among foreign parties who conduct business in China or with Chinese parties. Each of the chapters contained in this book deals with a selected topic in dispute resolution and is authored by a leading expert in the field. This book is a necessary resource for arbitration and litigation attorneys, as well as other professionals conducting business in China’s increasingly regulated and complex business environment.

International Commercial Arbitration

Author : Simon Greenberg
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis International Commercial Arbitration by : Simon Greenberg

Download or read book International Commercial Arbitration written by Simon Greenberg and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Developing World of Arbitration

Author : Anselmo Reyes
Publisher :
ISBN 13 : 9781509910212
Total Pages : 336 pages
Book Rating : 4.9/5 (12 download)

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Book Synopsis The Developing World of Arbitration by : Anselmo Reyes

Download or read book The Developing World of Arbitration written by Anselmo Reyes and published by . This book was released on 2018 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's arbitration modernisation under judicial efforts and marketisation waves / Weixia Gu -- Balancing procedural and substantive arbitration reforms : advancing international arbitration practice in Hong Kong / Shahla Ali -- Cautious optimism for arbitration reform in Taiwan / Nigel NT Li, Angela Y Lin, and Jeffrey CF Lin -- Arbitration reform in Japan : reluctant legislature and institutional challenges / Nobumichi Teramura and Luke Nottage -- Arbitration reform in Korea : at the threshold of a new era / Joongi Kim -- Arbitration reform in Malaysia : adopting the model law / Lam Ko Luen -- Making arbitration work in Singapore / Chan Leng Sun, SC -- Philippine arbitration reform : fresh breathing space from congested litigation / Arthur P. Autea -- Arbitration in Indonesia : largely dependable recognition and enforcement / Simon Butt -- Arbitration law and practice in Vietnam : fundamental changes over the past 20 years and potential for the future / Dang Xuan Hop -- Arbitration reform in India : challenges and opportunities / Hiro Naraindas Aragaki -- The reform of commercial arbitration in Australia : recent and prospective developments / Leon Trakman

Mediation as a Mandatory Pre-condition to Arbitration

Author : Ana Ubilava
Publisher : BRILL
ISBN 13 : 9004532544
Total Pages : 271 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Mediation as a Mandatory Pre-condition to Arbitration by : Ana Ubilava

Download or read book Mediation as a Mandatory Pre-condition to Arbitration written by Ana Ubilava and published by BRILL. This book was released on 2022-11-21 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation as a Mandatory Pre-condition to Arbitration debunks common arguments against the compatibility of mandatory investor-state mediation with the ISDS regime. Ana Ubilava pioneers an empirical analysis of over 600 investor-state arbitration cases and a doctrinal study of ISDS clauses in dozens of treaties.

Diversity in International Arbitration

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1803920041
Total Pages : 313 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Diversity in International Arbitration by : Shahla F. Ali

Download or read book Diversity in International Arbitration written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2022-11-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

Corruption and Illegality in Asian Investment Arbitration

Author : Nobumichi Teramura
Publisher : Springer Nature
ISBN 13 : 9819993032
Total Pages : 463 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Corruption and Illegality in Asian Investment Arbitration by : Nobumichi Teramura

Download or read book Corruption and Illegality in Asian Investment Arbitration written by Nobumichi Teramura and published by Springer Nature. This book was released on with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

Author : Locknie Hsu
Publisher : Edward Elgar Publishing
ISBN 13 : 1803922699
Total Pages : 197 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative by : Locknie Hsu

Download or read book Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative written by Locknie Hsu and published by Edward Elgar Publishing. This book was released on 2022-12-06 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.

Asian Yearbook of International Law, Volume 27 (2021)

Author :
Publisher : BRILL
ISBN 13 : 9004687203
Total Pages : 374 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Asian Yearbook of International Law, Volume 27 (2021) by :

Download or read book Asian Yearbook of International Law, Volume 27 (2021) written by and published by BRILL. This book was released on 2023-11-20 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 international relations.

Deference in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503173
Total Pages : 560 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari

Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

International Commercial Arbitration

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154159
Total Pages : 5391 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration by : Gary B. Born

Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2014-10-01 with total page 5391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

Yearbook Commercial Arbitration, Volume XLVI (2021)

Author : Stephan W. Schill
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542128
Total Pages : 736 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Yearbook Commercial Arbitration, Volume XLVI (2021) by : Stephan W. Schill

Download or read book Yearbook Commercial Arbitration, Volume XLVI (2021) written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2021-12-02 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVI (2021) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA), as well as awards rendered in accordance with the rules of the Stockholm Chamber of Commerce (SCC); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Belize, Brazil, Ecuador, Ethiopia, Hong Kong SAR, India, Iran, Iraq, Malawi, Ukraine, and Uzbekistan ; • excerpts of 85 court decisions applying the 1958 New York Convention from 28 countries – including, for the first time, cases from Costa Rica, Cuba, and Iran – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; • excerpts from three decisions applying the 1965 Washington (ICSID) Convention and three decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of nine court decisions of general interest; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Comparative and Transnational Dispute Resolution

Author : Shahla Ali
Publisher : Taylor & Francis
ISBN 13 : 1000825035
Total Pages : 255 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Comparative and Transnational Dispute Resolution by : Shahla Ali

Download or read book Comparative and Transnational Dispute Resolution written by Shahla Ali and published by Taylor & Francis. This book was released on 2023-02-10 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.