Resolving Disputes in the Asia-Pacific Region
International Arbitration and Mediation in East Asia and the West
Routledge – 2011
Routledge – 2011
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.
Introduction Part 1: Background 1. Impact of Globalization on International Legal Practice 2. Background and Legal Framework of Arbitration in East Asia and the West 3. The Emergence of Arbitral Institutions in East Asia Part 2: Data Presentation 4. A Survey of Arbitration and Settlement in International Commercial Disputes in Asia 5. Case Statistics and Case Studies on Conciliated Arbitration Awards 6. Conclusion – Reconciling Global Harmonization and Cultural Diversity in the Context of International Commercial Arbitration in East Asia
Shahla Ali is an Assistant Professor of Law at the University of Hong Kong.