Dispute Resolution In Asia

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
New Frontiers in Asia Pacific International Arbitration and Dispute Resolution Book PDF

Author : Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 46,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528632

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura Pdf

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.

Dispute Resolution in Asia

Michael Charles Pryles
Dispute Resolution in Asia Book PDF

Author : Michael Charles Pryles
Publisher : Unknown
Page : 362 pages
File Size : 41,5 Mb
Release : 1997
Category : Law
ISBN : UOM:39015040169214

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Dispute Resolution in Asia by Michael Charles Pryles Pdf

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.

Resolving Disputes in the Asia-Pacific Region

Shahla F. Ali
Resolving Disputes in the Asia Pacific Region Book PDF

Author : Shahla F. Ali
Publisher : Routledge
Page : 168 pages
File Size : 48,5 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136894350

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Resolving Disputes in the Asia-Pacific Region by Shahla F. Ali Pdf

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.

Foreign Investment and Dispute Resolution Law and Practice in Asia

Vivienne Bath,Luke Nottage
Foreign Investment and Dispute Resolution Law and Practice in Asia Book PDF

Author : Vivienne Bath,Luke Nottage
Publisher : Routledge
Page : 284 pages
File Size : 54,6 Mb
Release : 2012-03-12
Category : Law
ISBN : 9781136581052

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Foreign Investment and Dispute Resolution Law and Practice in Asia by Vivienne Bath,Luke Nottage Pdf

This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

Dispute Resolution in Asia

Michael Charles Pryles
Dispute Resolution in Asia Book PDF

Author : Michael Charles Pryles
Publisher : Kluwer Law International B.V.
Page : 518 pages
File Size : 45,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124463

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Dispute Resolution in Asia by Michael Charles Pryles Pdf

Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com

Dispute Resolution In Asia, Third Edition

Michael Pryles
Dispute Resolution In Asia Third Edition Book PDF

Author : Michael Pryles
Publisher : Unknown
Page : 516 pages
File Size : 51,9 Mb
Release : 2006
Category : Electronic
ISBN : 9041130322

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Dispute Resolution In Asia, Third Edition by Michael Pryles Pdf

Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation,

Resolving Disputes in the Asia-Pacific Region

Shahla F. Ali
Resolving Disputes in the Asia Pacific Region Book PDF

Author : Shahla F. Ali
Publisher : Routledge
Page : 163 pages
File Size : 45,9 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136894367

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Resolving Disputes in the Asia-Pacific Region by Shahla F. Ali Pdf

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.

Dispute Resolution in China, Europe and World

Lei Chen,André Janssen
Dispute Resolution in China Europe and World Book PDF

Author : Lei Chen,André Janssen
Publisher : Springer Nature
Page : 294 pages
File Size : 54,6 Mb
Release : 2020-04-11
Category : Law
ISBN : 9783030429744

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Dispute Resolution in China, Europe and World by Lei Chen,André Janssen Pdf

This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

Conflict Resolution in Asia

Stephanie P. Stobbe
Conflict Resolution in Asia Book PDF

Author : Stephanie P. Stobbe
Publisher : Lexington Books
Page : 285 pages
File Size : 45,9 Mb
Release : 2020-07-06
Category : Political Science
ISBN : 9781498566445

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Conflict Resolution in Asia by Stephanie P. Stobbe Pdf

Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.

Arbitration in Asia - 2nd Edition

Michael J. Moser
Arbitration in Asia 2nd Edition Book PDF

Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
Page : 844 pages
File Size : 51,5 Mb
Release : 2008-09-01
Category : Law
ISBN : 9781933833200

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Arbitration in Asia - 2nd Edition by Michael J. Moser Pdf

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.

Multi-Tier Approaches to the Resolution of International Disputes

Anselmo Reyes,Weixia Gu
Multi Tier Approaches to the Resolution of International Disputes Book PDF

Author : Anselmo Reyes,Weixia Gu
Publisher : Cambridge University Press
Page : 545 pages
File Size : 49,6 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108490603

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Multi-Tier Approaches to the Resolution of International Disputes by Anselmo Reyes,Weixia Gu Pdf

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Forming Transnational Dispute Settlement Norms

Shahla F. Ali
Forming Transnational Dispute Settlement Norms Book PDF

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 49,7 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781789907179

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Forming Transnational Dispute Settlement Norms by Shahla F. Ali Pdf

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.

Dreams and Dilemmas

Kōichi Hamada,Chikara Kōmura,Mitsuo Matsushita
Dreams and Dilemmas Book PDF

Author : Kōichi Hamada,Chikara Kōmura,Mitsuo Matsushita
Publisher : Institute of Southeast Asian Studies
Page : 528 pages
File Size : 48,5 Mb
Release : 2000
Category : Business & Economics
ISBN : 9812300686

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Dreams and Dilemmas by Kōichi Hamada,Chikara Kōmura,Mitsuo Matsushita Pdf

This volume consists of two parts. Part one discusses economic friction in the Asia-Pacific region from three aspects: macroeconomic and microeconomic friction, and that between the state and the market mechanism. In part two, four types of legal frameworks for dispute resolution are examined.

International Organizations and the Promotion of Effective Dispute Resolution

Anonim
International Organizations and the Promotion of Effective Dispute Resolution Book PDF

Author : Anonim
Publisher : BRILL
Page : 260 pages
File Size : 46,6 Mb
Release : 2019-06-26
Category : Business & Economics
ISBN : 9789004407411

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International Organizations and the Promotion of Effective Dispute Resolution by Anonim Pdf

This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.

Dispute Resolution in the People’s Republic of China

Zhiqiong June Wang,Jianfu Chen
Dispute Resolution in the People s Republic of China Book PDF

Author : Zhiqiong June Wang,Jianfu Chen
Publisher : BRILL
Page : 339 pages
File Size : 40,5 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004331280

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Dispute Resolution in the People’s Republic of China by Zhiqiong June Wang,Jianfu Chen Pdf

This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.