TDM SPECIAL ISSUE: RESOLVING INTERNATIONAL BUSINESS DISPUTES BY ADR IN ASIA

We are pleased to present this special issue of Transnational Dispute Management. In this issue, over two dozen practitioners and academics across the globe examine the changing practices in resolving international business disputes by Alternative Dispute Resolution (ADR) in Asia, a region that has experienced phenomenal growth in the use of ADR - and international arbitration in particular - to resolve international business disputes in recent years. 

The ascendance of ADR in Asia is largely a product of the tremendous growth of Asian countries' economies and their increased participation in global commerce. The rise of China, India, and other Asian states as major investment destinations and the expansion of Asian multinational corporations overseas have increased business opportunities, and thus business disputes, in the region. 

The high demand for ADR services, in turn, has driven many Asian governments to cultivate a pro-arbitration environment through new arbitration legislation and other mechanisms. Prominent seats of international arbitration - including Hong Kong (June 2011), Malaysia (July 2011), and Singapore (January 2010), as well as emerging seats such as Vietnam (January 2011) - have effected national legislative changes in the spirit of encouraging international commercial arbitration. Many of these states have based their amendments on the UNCITRAL Model Law 2006. 

The business community's demand for ADR services in Asia has also led to the proliferation and revitalization of international arbitral centers throughout Asia. Some Asian arbitral institutions - including the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (HKIAC), and the Singapore International Arbitration Centre (SIAC) - are among the busiest and most prominent around the globe. Other Asian institutions - such as the London Court of International Arbitration (LCIA) India - have been newly established. Many of these institutions have adopted new arbitration rules, and they all have emulated global and regional best practices in an effort to provide complementary regional alternatives to meet the needs of the business community in Asia.

...

The contents of shared document and materials express the authors' point of view, not FDVN Lawyers'. We back up and store them for academic and non-commercial purposes. We object to using these books and materials for commercial purposes.

Link PDF: TDM SPECIAL ISSUE: RESOLVING INTERNATIONAL BUSINESS DISPUTES BY ADR IN ASIA