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International Arbitration: When East Meets West: Liber Amicorum Michael Moser by KAPLAN

International Arbitration: When East Meets West: Liber Amicorum Michael Moser

Edited by Neil Kaplan, Michael Pryles, Chiann Bao
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Overview

About this book:

International Arbitration: When East Meets West provides an extensive review and comparison of mediation and other forms of dispute resolution practiced in Asia and the West. As Asia, China in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The chapters reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures – both from a legal and social perspective – as well as a consideration of how each culture has influenced international arbitration practice overall.

What’s in this book:

This unique book will give the audience a peek into Asian characteristics that exist in an arbitration involving Asian parties. Issues covered include the following: 

  • interim measures in support of arbitration;
  • the hybrid arbitration-mediation mode of dispute resolution;
  • what China’s investment treaties have to offer;
  • Moser’s ‘Triple A’ approach to mediation;
  • witness conferencing;
  • influence of rang (¿), or exercise of altruism;
  • Chinese courts’ approach to international arbitration;
  • evolution of investment protection between China and Europe;
  • disclosure versus state secrecy laws in China; and
  • the standard for disclosure in rules of evidence.

How this will help you:

Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those who are engaged in arbitrations involving Asian parties. This book, the first of its kind, on the specific topic of East and West cultures in international arbitration is a peerless comparative study of Asian and Western arbitration theory and practice. Scholars of arbitration across the world are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties.

Publish Date 07/21/2020
Product Line Kluwer Law International
ISBN 9789403520551
SKU 10082252-0002
Table of Contents

Editors

Contributors

Preface

Chapter 1 Harmony in Dispute: Influence of Chinese Culture on Chinese Arbitration
Lijun Cao

Chapter 2 Interim Measures in Support of Arbitration: Comparing Hong Kong and Mainland China
John Choong & Chan Yong Wei

Chapter 3 Asia Leading the World into the Twenty-First Century: A Survey of Developments and Innovation in International Arbitration in Asia
Donald Francis Donovan, Lord (Peter) Goldsmith QC, PC, David W. Rivkin & Christopher K. Tahbaz

Chapter 4 If the Belt Fits, Wear It: Will the Belt and Road Initiative Finally Take Mixed-Mode Dispute Resolution into the Mainstream?
Justin D’Agostino

Chapter 5 Chinese Outbound Investments in the Belt and Road: What Protection Do China’s Investment Treaties Have to Offer?
Nils Eliasson

Chapter 6 The Arbitrator’s Duty to Render Justice: Constraints and Prerogatives
Bernard Hanotiau

Chapter 7 Pacific Rim Jurisdictions Open Doors to International Lawyers in Arbitration
Sally A. Harpole

Chapter 8 Appellate Review in International Commercial Arbitration
Cameron Hassall & Matthew Brown & Tiger Lin

Chapter 9 Swedish Connections
Kaj Hobér

Chapter 10 Michael Moser’s Journey in Mediation: The ‘Triple-A’ Approach
Günther Horvath & Katherine Khan & Niamh Leinwather

Chapter 11 Whither Party Autonomy? Constitution of the Tribunal under Expedited Procedures
Benjamin Hughes & Daniel Ling

Chapter 12 In Support of Witness Conferencing for Fact Witnesses
Michael Hwang SC

Chapter 13 Call for a Witness Protocol in International Arbitration
Kap-You (Kevin) Kim & Mino Han

Chapter 14 Early Conflict Resolution and Efficiency in Arbitration: To Germany and Back Again?
Christopher Lau SC

Chapter 15 Procedural Efficiency: Prague Rules Applicable for the Particular Case
Julian D.M. Lew QC

Chapter 16 Rang (¿), or Exercise of Altruism: Where and How Philosophies of the East and the West Converge in ADR
Nigel N.T. Li

Chapter 17 Slowly but Steadily, Mainland China Opens Door to Foreign Arbitration Institutions
Ning Fei & Shengchang Wang

Chapter 18 The Arbitrator’s Duty to Challenge Corruption
Nikolaus Pitkowitz

Chapter 19 Do We Deliver: How to Make International Arbitration More Efficient
Klaus Sachs

Chapter 20 Have Chinese Courts Adopted an Arbitration-Friendly Approach Towards International Arbitration?
Helen H. Shi

Chapter 21 The Evolution of Investment Protection Between China and Europe: What’s Next?
Erica Stein

Chapter 22 A Comparative Study of International Commercial Courts: An Emerging Alternative for Resolving Disputes
Jingzhou Tao

Chapter 23 Rise of Hybrid Arbitration/Mediation in the Era of the Singapore Mediation Convention
Hiroyuki Tezuka

Chapter 24 The Appeal of Appeals?: The Approach to Appeals on Questions of Law in Asia-Pacific Jurisdictions
Sir David A R Williams & Anna Kirk

Chapter 25 Disclosure in International Commercial Arbitration and State Secrecy Laws in China
Friven Yeoh & Nathaniel Lai

Volumes