Edited by Luke Nottage, Shahla Ali, Bruno Jetin and Nobumichi Teramura
Published in November 2020
Description: 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.
Professor Ali authors chapter 6 titled "New Frontiers in Hong Kong's Resolution of 'One Belt One Road' International Commercial and Investor-State Disputes" and co-authors the concluding chapter with Nobumichi Teramura and Anselmo Reyes.