The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific

Description

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. Acknowledgements Contents List of Editors and Contributors List of Abbreviations Introduction: Towards a Model of Arbitration Reform in the Asia Pacific 1. Background to Arbitration in the Asia Pacific 2. Aim of this Book 3. A Hypothetical Model 4. A Standard Chapter 5. A Convention and a Model Law 6. An Overview 7. A Developing World 1. China’s Arbitration Modernisation Under Judicial Efforts and Marketisation Waves 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 2. Balancing Procedural and Substantive Arbitration Reforms: Advancing International Arbitration Practice in Hong Kong 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 3. Cautious Optimism for Arbitration Reform in Taiwan 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 4. Arbitration Reform in Japan: Reluctant Legislature and Institutional Challenges 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 5. Arbitration Reform in Korea: At the Threshold of a New Era 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 6. Arbitration Reform in Malaysia: Adopting the Model Law 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 7. Making Arbitration Work in Singapore 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 8. Philippine Arbitration Reform: Fresh Breathing Space from Congested Litigation 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 9. Arbitration in Indonesia: Largely Dependable Recognition and Enforcement 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 10. Arbitration Law and Practice in Vietnam: Fundamental Changes Over the Past 20 Years and Potential for the Future 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 11. Arbitration Reform in India: Challenges and Opportunities 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion 12. The Reform of Commercial Arbitration in Australia: Recent and Prospective Developments 1. Introduction 2. Background 3. Reform 4. The Future 5. Conclusion Conclusion: An Asia Pacific Model of Arbitration Reform 1. The Model Revisited 2. Looking to the Past, Present and Future 3. Some Predictions 4. The Developing World References Index