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The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific

Edited by: Anselmo Reyes, Weixia Gu

ISBN13: 9781509939817
Published: July 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £54.99



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This edited collection studies the recent emergence of Asia Pacific jurisdictions and looks at how they are developing into regional or international arbitration centres thanks to various reform efforts and initiatives.

The book provides the most up-to-date and comprehensive analysis of the ways in which arbitration laws and practices are recently reformed in the Asia Pacific jurisdictions.

Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether top-down, bottom-up, or a hybrid. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamic, this book presents a first-time cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to the comparative international arbitration jurisprudence from a more Eastern perspective.

The book also aims to identify an Asia Pacific model of arbitration modernisation as distinct from the West and predicts the future trajectories of development and challenges in East-West arbitration competition.

This book will be an invaluable addition to the library of any academic and legal practitioner working on international arbitration.

Subjects:
Other Jurisdictions , Asia, Arbitration and Alternative Dispute Resolution
Contents:
Introduction: Towards a Model of Arbitration Reform in the Asia Pacific
Anselmo Reyes and Weixia Gu
1. China’s Arbitration Modernisation Under Judicial Efforts and Marketisation Waves
Weixia Gu
2. Balancing Procedural and Substantive Arbitration Reforms: Advancing International Arbitration Practice in Hong Kong
Shahla Ali
3. Cautious Optimism for Arbitration Reform in Taiwan
Nigel NT Li, Angela Y Lin and Jeffrey CF Li
4. Arbitration Reform in Japan: Reluctant Legislature and Institutional Challenges
Nobumichi Teramura and Luke Nottage
5. Arbitration Reform in Korea: At the Threshold of a New Era
Joongi Kim
6. Arbitration Reform in Malaysia: Adopting the Model Law
Lam Ko Luen
7. Making Arbitration Work in Singapore
Chan Leng Sun, SC
8. Philippine Arbitration Reform: Fresh Breathing Space from Congested Litigation
Arthur P Autea
9. Arbitration in Indonesia: Largely Dependable Recognition and Enforcement
Simon Butt
10. Arbitration Law and Practice in Vietnam: Fundamental Changes Over the Past 20 Years and Potential for the Future
Dang Xuan Hop
11. Arbitration Reform in India: Challenges and Opportunities
Hiro Naraindas Aragaki
12. The Reform of Commercial Arbitration in Australia: Recent and Prospective Developments
Leon Trakman