Asia Arbitration Handbook

Author: Michael Moser; John Choong
Publisher: Oxford University Press
ISBN: 9780199691654
Published In: November 2011
Format: Hardback , 1296 pages
Jurisdiction: Asia ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

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The first work to include detailed coverage of investor-state arbitration in this region, making it a comprehensive one-stop reference on the subject
Edited by a renowned specialist on the region with contributions from some of the most experienced arbitration practitioners in Asia, ensuring the best possible guidance on each jurisdiction
Provides a step-by-step guide to the arbitration process as practiced in each jurisdiction, including details of leading topical issues and local peculiarities
Includes sample arbitration clauses with optional riders specifically tailored to each jurisdiction, and accompanying commentary

This comprehensive and practical reference work offers extensive coverage of international arbitration as practiced across 24 key jurisdictions. In recent decades, there has been an extraordinary growth in arbitration throughout Asia and consequently arbitration centres in Singapore, Hong Kong and mainland China continue to report a steady increase in the number of cases. This handbook is the first to offer practitioners detailed guidance to help resolve issues that are likely to arise throughout the arbitration process and advise them of localised particularities in some areas which have very different arbitration traditions and judicial systems.

Containing specific chapters on jurisdictions throughout Asia (including Australasia) and a chapter devoted to the ICC in Asia, the book offers an impressive level of detail including information on key arbitration trends and statistics. A common structure allows for ease of navigation and quick, comparative cross-referencing between jurisdictions as well as ensuring consistent coverage across the chapters. The jurisdictions covered include Japan, Republic of Korea, People's Republic of China, Hong Kong SAR, Macau SAR, Taiwan, Mongolia, Kazakhstan, Philippines, Vietnam, Cambodia, Lao PDR, Thailand, Malaysia, Singapore, Brunei, Myanmar, Indonesia, India, Pakistan, Bangladesh, Sri Lanka, Australia, and New Zealand. The editors Michael Moser and John Choong have worked with a strong author team of Asia arbitration experts to comment on the methods of practice in each specific area and provide practical solutions in response to practical issues.

The Asia Arbitration Handbook is unique in its coverage of investor-state arbitration and bilateral investment treaties in this region, making it the first reference work to cover the law and practice of local arbitration, international commercial arbitration and investor-state arbitration in the key Asian jurisdictions. Its exhaustive scope both in terms of covered jurisdictions and content for each jurisdiction will make it a valuable addition to every law firm and in-house legal team library concerned with arbitration in Asia.

Readership: Arbitrators and legal practitioners involved in international disputes, transactional lawyers, and in-house counsel who have a strong focus on Asia as well as academics and academic libraries.

Part I: Northern Asia
1: Japan - Yoshimi Ohara and Shuji Yanase
2: Republic of Korea - Kap-You (Kevin) Kim and James Morrison
3: People's Republic of China - Arthur Ma, Benjamin Miao , and Helen Shi
4: Hong Kong SAR - John Choong and Michael J Moser
5: Macau SAR - Beatriz Segorbe and Kathryn Sanger
6: Taiwan - Nigel NT Li and Angela Lin

Part II: Central Asia
7: Mongolia - Batzaya Bodikhuu and Peter Yuen
8: Kazakhstan - Yuliya Mitrofanskaya and Bakhyt Tukulov

Part III: Southern Asia
9: Philippines - Juan Paolo F Fajardo and Victor P Lazatin
10: Vietnam - Milton Lawson and Hoang Thi Thanh Thuy
11: Cambodia - Rupert JW Haw and Billie Jean Slott
12: Lao PDR - L-Martin Desuatels and William D Greenlee , Jr
13: Thailand - Alastair Henderson and Surapol Srangsomwong
14: Malaysia - Tan Sri Cecil Abraham and Th ayananthan Baskaran
15: Singapore - Lim Wei Lee and Alvin Yeo , SC
16: Brunei - Colin Ong
17: Myanmar - Th ida Aye and James Finch
18: Indonesia - Narendra Adiyasa and Charles Ball

Part IV: Indian Subcontinent
19: India - Shreyas Jayasimha and Zia Mody
20: Pakistan - Uzair Karamat Bhandari , Feisal Hussain Naqvi , and Iftikharuddin Riaz
21: Bangladesh - Moin Ghani and Dr Kamal Hossain
22: Sri Lanka - Dharshanie Illukpitiya and Avindra Rodrigo

Part V: Australasia
23: Australia - Björn Gehle and Professor Doug Jones AM
24: New Zealand - Sir Ian Barker

Part VI: ICC Asia
25: ICC - Jason Fry and Khong Cheng-Yee

Appendix 1: ASEAN Comprehensive Investment Agreement 2009

Edited by Michael Moser, Arbitrator, 20 Essex Street Chambers, Hong Kong, Singapore and London, and John Choong, Senior Associate, Freshfields Bruckhaus Deringer, Hong Kong

Dr Michael J Moser is an international arbitrator, mediator and attorney-at-law. He is currently an arbitrator member of 20 Essex Street Chambers in London and also maintains offices in Hong Kong and Beijing. He is Chairman of the Hong Kong International Arbitration Centre, Vice President of APRAG, a Court Member of the London Court of International Arbitration and a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce. Dr Moser has been advising foreign clients doing business in the Asia-Pacific region and the People's Republic of China since 1980 and was the first foreign national to be appointed as an arbitrator in China. He has been rated as "the pre-eminent expert on China-related dispute matters" by PLC Which Lawyer? and Global Counsel Handbook for Dispute Resolution. Who's Who Legal has named him the "star pick" for arbitrator in Asia and "perhaps the best-known arbitration practitioner in the region".

John Choong is a Senior Associate with Freshfields Bruckhaus Deringer, based in Hong Kong. He has practised for many years in Hong Kong and Singapore, where he has been involved in a number of landmark commercial and treaty arbitrations in Asia, including several billion-dollar arbitrations, and in litigations up to the UK Privy Council. His matters have involved arbitrations under the major arbitration rules in a broad range of industries throughout Asia, including Hong Kong, Singapore, the PRC, India, Indonesia, Malaysia, Taiwan, Japan, Vietnam, Brunei and Mongolia. John is a Fellow of the Chartered Institute and Hong Kong Institute of Arbitrators, and is admitted in England and Wales, Hong Kong and Singapore.

"A truly impressive effort at assembling information and insights from the world's most populous continent." - Jan Paulsson, Freshfields Bruckhaus Deringer, Paris

"Given its broad coverage, and the increasing significance of Asia in the world of international arbitration, it is an important addition to literature on the subject" - Professor Michal Pryles, Chairman of the Singapore International Arbitration Centre

"An encyclopaedic cornucopia of Asia's laws and practices." - V V Vender QC, Essex Court Chambers