in Lei Chen & André Janssen (eds), Dispute Resolution in China, Europe and World (Springer 2020), pp.131-152
Abstract: Many states have recognized the economic importance of being 'arbitration-friendly', and many have naturally advertised themselves as such. Beyond the catch phrase lie these questions: What arbitration regimes are sufficiently 'arbitration-friendly'? Looking into the past, is there a standard pathway of arbitration reform in the Asia Pacific? Or are there divergent modes of development? To what degree have political, legal, social, cultural and other factors influenced a jurisdiction's ability to replicate successful reform patterns? This chapter looks into the development of arbitration regimes across the Asia Pacific, and aims to reflect on key ingredients for successful arbitration reform in the East. Among the Asia Pacific jurisdictions, some have reached greater success and have attracted many more commercial disputes within and outside the region. Others have been less successful, even with efforts to substantially reform the arbitration laws and institutions. To examine arbitration reforms and outcomes of Asia Pacific jurisdictions, this chapter relies on a hypothetical model of arbitration reform. This model is then tested again the reform pathways undertaken by 12 Asia Pacific jurisdictions for accuracy as a 'formula' for arbitration reform in the region.
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