RESOLVING DISPUTES IN THE ASIA PACIFIC REGION INTERNATIONAL ARBITRATION AND MEDIATION IN EAST ASIA AND THE WEST

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Resolving Disputes In The Asia Pacific Region

Author : Shahla F. Ali
ISBN : 9781136894350
Genre : Law
File Size : 68.54 MB
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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 of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.
Category: Law

Arbitration In China

Author : Kun Fan
ISBN : 9781782250739
Genre : Law
File Size : 60.88 MB
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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler
Category: Law

Court Mediation Reform

Author : Shahla F. Ali
ISBN : 9781786435866
Genre :
File Size : 30.24 MB
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As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
Category:

The Developing World Of Arbitration

Author : Anselmo Reyes
ISBN : 9781509910199
Genre : Law
File Size : 50.56 MB
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The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.
Category: Law

Arbitration In China

Author : Daniel R. Fung
ISBN : STANFORD:36105120024745
Genre : Arbitration and award
File Size : 72.28 MB
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Category: Arbitration and award

Promoting Compliance

Author : Robert Beckman
ISBN : 9781316507827
Genre : Law
File Size : 65.87 MB
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The first comprehensive and systematic analysis of ASEAN's dispute settlement and monitoring mechanisms as a means to better compliance.
Category: Law

Culture Conflict And Mediation In The Asian Pacific

Author : Bruce E. Barnes
ISBN : UOM:39015064941753
Genre : Social Science
File Size : 48.44 MB
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Culture, Conflict, and Mediation in the Asian Pacific brings together, for the first time, the countries of China, Taiwan, Singapore, Japan, Korea, Malaysia, Philippines, Indonesia, Thailand, and Hawai'i in an integrated and systematic work outlining each country's cultural themes, cultural practices, and preferred conflict resolution mechanisms.
Category: Social Science