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 : 78.15 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 : 56.25 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

International Governance And The Rule Of Law In China Under The Belt And Road Initiative

Author : Yun Zhao
ISBN : 9781108349727
Genre : Law
File Size : 32.8 MB
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The edited volume aims at examining China's role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals, but also local demand, socio-political circumstances, to explain and understand China's legal interactions with countries along the Road, so that more useful insights can be produced in predicting and analysing China's as well as other emerging Asian countries' legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong have contributed to this edited volume, which produces academic dialogues and conducts intellectual exchanges in specific sub-themes.
Category: Law

The Administrative Tribunal Of Adb

Author : Asian Development Bank
ISBN : 9789290927457
Genre : Law
File Size : 90.46 MB
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This publication is a compilation of the conference proceedings from the 20th anniversary program of the Asian Development Bank Administrative Tribunal held on 5 September 2011 at the Asian Development Bank Headquarters in Manila. It is authored by esteemed international experts in mediation and labor arbitration. It also covers the Tribunal's establishment and accomplishments since its inception in 1991.
Category: Law

Promoting Compliance

Author : Robert Beckman
ISBN : 9781316507827
Genre : Law
File Size : 29.66 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

Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong

Author : Ida Kwan Lun Mak
ISBN : 9781108329316
Genre : Law
File Size : 90.4 MB
Format : PDF
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The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Category: Law

Arbitration In China

Author : Daniel R. Fung
ISBN : STANFORD:36105120024745
Genre : Arbitration and award
File Size : 79.7 MB
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Category: Arbitration and award