Miz Zou | Arellano University School of Law (original) (raw)

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Conference Presentations by Miz Zou

Research paper thumbnail of Party-Appointed Arbitrator Ethics and Ethos – Cross-Cultural Differences and How They Affect Arbitrator Behaviour in Rendering Arbitral Awards

This paper delves in the comparative study of Asian and Western models of dispute resolution, arb... more This paper delves in the comparative study of Asian and Western models of dispute resolution, arbitration in particular, and asks how cross-cultural differences affect arbitrator behavior. It proposes that arbitration styles differ across collectivist and individualist culture, without necessarily saying that one is better than the other, but simply that knowledge of the differences will help users of arbitration make informed decision in choosing their party-appointed arbitrators. It also proposes to conduct further research to address the issue of developing and/or reforming the arbitration infrastructure in Asia, particularly the Southeast Asian region, to address the gap in international commercial arbitration to reflect the non-Western (or non-European) voice.
It draws from existing comparative studies of Western and East Asian arbitrator’s role or perception of their roles within the arbitration paradigm, and how that affects the arbitration process, as well as research on how cross-cultural differences affect international arbitration in general. It also draws from existing empirical research comparing the collectivist and individualist perspectives in dispute resolution, as a general discipline, and juxtaposes these findings within the arbitration model.

Research paper thumbnail of Judicial Review of Arbitral Awards in the Philippines: A Look into the Application of the Public Policy Exception Under the New York Convention Applying United States Precedents

Commercial arbitration practice in the Philippines has yet to fully evolve and this paper makes t... more Commercial arbitration practice in the Philippines has yet to fully evolve and this paper makes the case to look at US jurisprudence when Philippine courts are faced with public policy exception claims when an arbitral award is sought to be enforced or recognised.

Papers by Miz Zou

Research paper thumbnail of Party-Appointed Arbitrator Ethics and Ethos – Cross-Cultural Differences and How They Affect Arbitrator Behaviour in Rendering Arbitral Awards

As cross-border commercial transactions become increasingly complex, inclusion of dispute resolut... more As cross-border commercial transactions become increasingly complex, inclusion of dispute resolution mechanisms in contracts has become part of contract drafting necessities, even a negotiating point, where parties look ahead into the future to obviate the economic impact of a protracted conflict between them. Arbitration as such mechanism has gained popularity over time as one of the more attractive options for business savvy legal counsels primarily because it is a private process that produces legal force and effect through an arbitral award that courts of most countries will likely enforce.

Research paper thumbnail of Conflict of Interest and Good Governance in the Public Sector — Looking at the Private Interests of Government Officials Within a Spectrum

This paper asks the specific question insofar as conflict of interest relates to good governance:... more This paper asks the specific question insofar as conflict of interest relates to good governance: does engaging in a transaction of pecuniary interest or engaging in a profession (whilst in public office), by and of itself, manifest conflict of interest and is therefore prohibited? Specifically, this paper looks at Section 90 of Republic Act No. 7160 (R.A. 7160), otherwise known as the Local Government Code of 1991; Section 1, Rule IX, The Rules Implementing Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees (IRR of R.A. 6713); and Section 3(h) of R.A. No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act. This paper argues that although the laws allow certain pecuniary interests, a government official, whether elected or appointed, must nonetheless conduct themselves within the broad framework of good govern-ance in conflict of interests situations and ensure that they choose the public’s interest over theirs.

Research paper thumbnail of Party-Appointed Arbitrator Ethics and Ethos – Cross-Cultural Differences and How They Affect Arbitrator Behaviour in Rendering Arbitral Awards

This paper delves in the comparative study of Asian and Western models of dispute resolution, arb... more This paper delves in the comparative study of Asian and Western models of dispute resolution, arbitration in particular, and asks how cross-cultural differences affect arbitrator behavior. It proposes that arbitration styles differ across collectivist and individualist culture, without necessarily saying that one is better than the other, but simply that knowledge of the differences will help users of arbitration make informed decision in choosing their party-appointed arbitrators. It also proposes to conduct further research to address the issue of developing and/or reforming the arbitration infrastructure in Asia, particularly the Southeast Asian region, to address the gap in international commercial arbitration to reflect the non-Western (or non-European) voice.
It draws from existing comparative studies of Western and East Asian arbitrator’s role or perception of their roles within the arbitration paradigm, and how that affects the arbitration process, as well as research on how cross-cultural differences affect international arbitration in general. It also draws from existing empirical research comparing the collectivist and individualist perspectives in dispute resolution, as a general discipline, and juxtaposes these findings within the arbitration model.

Research paper thumbnail of Judicial Review of Arbitral Awards in the Philippines: A Look into the Application of the Public Policy Exception Under the New York Convention Applying United States Precedents

Commercial arbitration practice in the Philippines has yet to fully evolve and this paper makes t... more Commercial arbitration practice in the Philippines has yet to fully evolve and this paper makes the case to look at US jurisprudence when Philippine courts are faced with public policy exception claims when an arbitral award is sought to be enforced or recognised.

Research paper thumbnail of Party-Appointed Arbitrator Ethics and Ethos – Cross-Cultural Differences and How They Affect Arbitrator Behaviour in Rendering Arbitral Awards

As cross-border commercial transactions become increasingly complex, inclusion of dispute resolut... more As cross-border commercial transactions become increasingly complex, inclusion of dispute resolution mechanisms in contracts has become part of contract drafting necessities, even a negotiating point, where parties look ahead into the future to obviate the economic impact of a protracted conflict between them. Arbitration as such mechanism has gained popularity over time as one of the more attractive options for business savvy legal counsels primarily because it is a private process that produces legal force and effect through an arbitral award that courts of most countries will likely enforce.

Research paper thumbnail of Conflict of Interest and Good Governance in the Public Sector — Looking at the Private Interests of Government Officials Within a Spectrum

This paper asks the specific question insofar as conflict of interest relates to good governance:... more This paper asks the specific question insofar as conflict of interest relates to good governance: does engaging in a transaction of pecuniary interest or engaging in a profession (whilst in public office), by and of itself, manifest conflict of interest and is therefore prohibited? Specifically, this paper looks at Section 90 of Republic Act No. 7160 (R.A. 7160), otherwise known as the Local Government Code of 1991; Section 1, Rule IX, The Rules Implementing Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees (IRR of R.A. 6713); and Section 3(h) of R.A. No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act. This paper argues that although the laws allow certain pecuniary interests, a government official, whether elected or appointed, must nonetheless conduct themselves within the broad framework of good govern-ance in conflict of interests situations and ensure that they choose the public’s interest over theirs.

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