New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

International Arbitration Law Library Volume 59

About this book:

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution is an invaluable book that challenges the existing procedures and frameworks for cross-border dispute resolution in commercial and treaty arbitration. 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. This remarkable book focuses on these initiatives and their accompanying case law and trends in the Asia-Pacific region.

What’s in this book:

An outstanding team of experienced and insightful arbitrators and scholars describes the following pertinent developments:

• 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.

Evolving practices and high-profile cases have been charted out by the contributors to make informed observations about where changes are needed and educated guesses about the pros and cons of reforms. The leading jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore.

How this will help you:

Being a pioneer 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 make informed decisions on the venue and dispute resolution methods that 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.

Editors 

Contributors 

Foreword

List of Abbreviations

List of Figures 

List of Tables 

Acknowledgements 

CHAPTER 1
New Frontiers in Asia-Pacific Trade, Investment and International Business Dispute Resolution
Luke Nottage & Bruno Jetin 

CHAPTER 2
An International Commercial Court for Australia: An Idea Worth Taking to Market
Marilyn Warren & Clyde Croft 

CHAPTER 3
New Frontiers for International Commercial Arbitration in Australia: Beyond the ‘Lucky Country’
Albert Monichino & Nobumichi Teramura 

CHAPTER 4
Confidentiality and Transparency in International Arbitration: Asia-Pacific Tensions and Expectations
Luke Nottage 

CHAPTER 5
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 

CHAPTER 6
New Frontiers in Hong Kong’s Resolution of ‘One Belt One Road’ International Commercial and Investor-State Disputes
Shahla Ali 

CHAPTER 7
Harmonizing the Public Policy Exception for International Commercial Arbitration along the Belt and Road
Weixia Gu 

CHAPTER 8
Recent Developments in China in Cross-Border Dispute Resolution: Judicial Reforms in the Shadow of Political Conformity
Vivienne Bath 

CHAPTER 9
Malaysia’s Involvement in International Business Dispute Resolution
A. Vijayalakshmi Venugopal 

CHAPTER 10
Disruption as a Catalyst for International Dispute Services in Japan: No Longer Business as Usual?
James Claxton, Luke Nottage & Nobumichi Teramura 

CHAPTER 11
Litigating, Arbitrating and Mediating Japan-Korea Trade and Investment Tensions
James Claxton, Luke Nottage & Brett Williams 

CHAPTER 12
Indian Investment Treaty Practice: Qualitatively and Quantitatively Assessing Recent Developments
Jaivir Singh 

CHAPTER 13
FTA Dispute Resolution to Protect Health and the Environment
Jie (Jeanne) Huang & Jiaxiang Hu 

CHAPTER 14
Promoting International Mediation Through the Singapore Convention on Mediation
S.I. Strong

CHAPTER 15
Expanding Asia-Pacific Frontiers for International Dispute Resolution: Conclusions and Recommendations
Nobumichi Teramura & Shahla Ali & Anselmo Reyes 

Index