New frontiers in Asia-Pacific international arbitration and dispute resolution / edited by Luke Nottage [and three others].

Format:

Book

Contributor:

Nottage, Luke, editor.

Language:

English

Subjects (All):

International commercial arbitration--Pacific Area.

International commercial arbitration.

Physical Description:

1 online resource (v, 368 pages)

Place of Publication:

Alphen aan den Rijn, The Netherlands : Wolters Kluwer, [2021]

Summary:

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; andpotential 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.

Contents:

New frontiers in Asia-Pacific trade, investment and international business dispute resolution / Luke Nottage & Bruno Jetin

An International Commercial Court for Australia : an idea worth taking to market / Marilyn Warren & Clyde Croft

New frontiers for International Commercial Arbitration in Australia : beyond the 'lucky country' / Albert Monichino & Nobumichi Teramura

Confidentiality and transparency in international arbitration : Asia=Pacific tensions and expectations / Luke Nottage

Novel and noteworthy aspects of Australia's recent investment agreements and ISDS policy : the CPTPP, Hong Kong, Indonesia and Mauritius Transparency Treaties / Ana Ubilava & Luke Nottage

New frontiers in Hong Kong's resolution of 'one belt one road' international commercial and investor-state disputes / Shahla Ali

Harmonizing the public policy exception for international commercial arbitration along the belt and road / Weixia Gu

Recent developments in China in cross-border dispute resolution : judicial reforms in the shadow of political conformity / Vivienne Bath

Malaysia's involvement in international business dispute resolution / A. Vijayalakshmi Venugopal

Disruption as a catalyst for international dispute services in Japan : no longer business as usual? / James Claxton, Luke Nottage & Nobumichi Teramura

Litigating, arbitrating and mediating Japan-Korea trade and investment tensions / James Claxton, Luke Nottage & Brett Williams

Indian investment treaty practice : qualitatively and quantitatively assessing recent developments / Jaivir Singh

FTA dispute resolution to protect health and the environment / Jie (Jeanne) Huang & Jiaxiang Hu

Promoting international mediation through the singapore convention on mediation / S.I. Strong

Expanding Asia-Pacific frontiers for international dispute resolution : conclusions and recommendations / Nobumichi Teramura & Shahla Ali & Anselmo Reyes.

Notes:

Description based on print version record.

ISBN:

94-035-2871-0

94-035-2863-X