Arbitration in Asia (original) (raw)
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International Commercial Arbitration In Asia ADR -WHY ARBITRATION
Discontentment with the traditional rigid and adversarial state court system has led to the emergence of other popular methods of alternative dispute resolution ("ADR") procedures, which include inter alia: arbitration, negotiation, mediation, conciliation, dispute review boards and expert determination etc.
The importance of International Commercial Arbitration in the era of Globalization
Since the revolution of telecommunications appeared, with its amazing development over the past few decades, we have become accustomed to the idea that the world has become a small village of intertwined interests, so all of us are now inside what so called the bubble of globalization, which is inevitable for at least in the near future. Because we entered through the gates of globalization to the space that now brings us all together, we should be wonder about the importance of the international commercial arbitration ? In the past few decades, the arbitration has established successfully in many countries, these countries referred to be as the economic giants, so we are wonder is the arbitration really an economic necessity, and is it the arbitration is being a guarantee for attracting the investment ? If we need to reach a preliminary answer, we have to say yes, but if we would like to achieve a definite answer, we should consider two factors pushing toward determining the text of this answer.
Review of Litigation, 2009
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 research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies accurately reflected the geographic foci of international arbitration practice in the mid-twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. This Article presents a cross-cultural examination of how international arbitrators in East Asian and Western countries view the relative advantages of international arbitration. The results of a 115 person survey and 64 follow up interviews shed light on the underlying cultural attitudes and approaches to international arbitration as practiced in diverse regions. The findings indicate that arbitration practitioners’ perceptions of the benefits of treaty-based features of international arbitration - such as enforceability, neutrality, limited discovery, and predictability - demonstrate a high degree of convergence across regions. At the same time, cultural and socioeconomic distinctions are reflected in varying arbitrator perceptions regarding the importance of amicability, confidentiality, voluntary compliance, and efficiency of international arbitration proceedings. In particular, amicability and confidentiality are regarded as having greater importance among East Asian arbitrators, while the limited scope of discovery is regarded with greater importance in the West.
Review of The Principles and Practice of International Commercial Arbitration by Margaret L. Moses
Berkeley Journal of International Law, 2013
In recent decades, globalization has expanded and strengthened states’ economic relations around the world. In this context, the effects of globalization have benefited private commercial entities by providing them broader and more attractive means of concluding transactions. As a consequence, international transactions have experienced increasing degrees of complexity regarding legal matters. The old paradigm that applied local laws in every dispute is no longer the answer for new international transactions. The latest element of internationalization involves application of other countries’ laws and, consequently, involvement of their judicial systems. This latter effect represents a disadvantage for private entities unfamiliar with the legal system of a particular country. International litigation can also be very expensive, and it may take several years before the parties reach a final resolution. Therefore, parties are usually resistant to subjecting themselves to the jurisdicti...
International Commercial Arbitration in Asia and the Choice of Law Determination
Journal of International Arbitration
The article essentially deals with the choice of law process associated with three principal aspects of applicable laws in international commercial arbitration, namely, the law governing arbitration agreements, the law governing arbitral procedure and the law governing the substantive merits of the dispute.This research is of significance as these different aspects of arbitration (the agreement, the procedure and merits of the dispute) are commonly subjected to different laws. As a precursor, the introductory part of this article discusses the evolution and present position of international commercial arbitration in the region.The following chapter sets out the basic interaction between private international law and international commercial arbitration, as well as an overview of the choice of law process, which by and large is treated as the essential stage of a conflict of laws methodology. This section of the article gives a brief sketch of the conflict of laws system in ascertaining the applicable laws relating to the three elements of an international arbitration process, placing
The choice between arbitration and judiciary in international trade and investment
In this contemporary globalization, the international arena is dominated by a tendency to arbitrate all disputes related to international trade and investment, where the concerned parties agree to entrust the current or future disputes that may occur; to a private arbitrators of their choice, and who are recognized for their competence and expertise in this area to settle such disputes with binding arbitration provisions. It has helped to flourish and spread of the international commercial arbitration in the markets of trade and investment as a legal system for the rapid resolution of disputes and its preference increased over the national judiciary in various countries of the world today, for several considerations, including:-1/ The desire of practitioners of various international commercial activities and investment in resolving disputes arising out of their contractual or non-contractual relationships by a satisfactory solutions that are usually supportive to the reality of the niche in which they work. 2/ The desire of the contractual relationship parties (the litigants involved in a dispute) towards the arbitration proceedings to be conducted with least publicity and with greatest possible confidentiality, both in terms of holding meetings or in terms of limiting the persons involved, including the advisers, without giving the right to participate to the others wherever they wish, as well as to preserve the confidentiality of the expected arbitral award to be issued and not to be published for public, in order to maintain secrecy their transactions and works.
International Commercial Litigation and Arbitration Research Essay
International Journal of Social Science and Human Research
Arbitration is an alternative dispute resolution method (ADR) and has now become one of the preferred mechanisms chosen by parties to settle disputes of a commercial nature. There is no proper definition of arbitration and unlike court proceedings; it is a voluntary agreement agreed to by the disputing parties and the decision also known as the arbitral award is binding upon them. Arbitration is quasi-judicial in nature and an arbitrator often referred to as a private judge is a person who adjudicates on disputes submitted to him or her by the parties.1According to Sir John Donaldson, ‘arbitrators and judges are partners in business of dispensing justice, the judges in the public sector and the arbitrators in the private sector.’2 Nowadays, arbitration is an emerging trend and the popularity of such a system can be attributed to many advantages it offers compared to litigation. The main fundamental features of arbitration among many others are flexibility, confidentiality, impartial...