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 centers 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 localized 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 People's Republic of China (mainland), Hong Kong SAR, Singapore, India, Australia, Korea, Malaysia, New Zealand, Japan, Indonesia, Philippines, Thailand, Taiwan, Vietnam, Brunei, Pakistan, Bangladesh, Kazakhstan, Cambodia, Laos, (MASAO) SAR, Mongolia, Myanmar, and Sri Lanka. 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.

Written by one of the nation's most astute observers of the court, this classic text examines the theory, practice, and people behind the judicial process in the United States, England, and France. At once comparative, expository, analytical, and evaluative, The Judicial Processs illuminates the judiciary's political, legal and governmental roles and closely examines the much debated but little understood line between "judicial activism" and "judicial restraint". This new edition includes all important development and structural changes in the three nations' judicial systems up to 1997.

These essays by one of the country's leading international lawyers represent his best and most interesting writing over a twenty-year period. The volume includes a report of the author's recent Hague Lectures entitled `Provisional and Protective Measures in International Litigation', which constitute one third of the book and which will be compulsory reading for all international litigators.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

International Chamber of Commerce Arbitration is a hands-on guide providing a critical evaluation of the advantages and disadvantages at every step in the arbitral process including practical facts, figures, pragmatic suggestions and warnings. The book is essential to anyone who is involved in ICC arbitration, or who may have to consider the use of an ICC arbitration clause. Published in cooperation with the International Chamber of Commerce, this text covers every aspect of ICC arbitration. The authors, seasoned experts, provide a detailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement, covering in detail the important rulings of the ICC and their potential impact on future awards. The fourth edition has been fully updated to take account of the 2012 ICC Rules of Arbitration.

Civil Procedure A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered. It is designed primarily to orient a litigant and its domestic lawyers so that they can determine the probable course of litigation and, once they have retained foreign counsel, ask more intelligent and relevant questions. A country-by-country analysis of civil procedure for thirty-two major countries and the European community (Canada is divided into two sections reflecting common law and civil law jurisdictions). Jurisdictions included are: Argentina, Australia, Austria, Belgium, Brazil, Canada, England & Wales, the European Community, France, Germany, Greece, Hong Kong, India, Ireland, Israel, Italy, Japan, Korea, Malaysia, Mexico, the Netherlands, Norway, Peru, Philippines, Portugal, Scotland, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, and the United States of America. Primary focuses on those courts, concepts and processes which are most likely to be involved in resolving business disputes. Standardized sections for each country except the European Community. Contributors are prominent attorneys in their respective jurisdictions. This book will be of interest to legal practitioners, in-house counsel, bankers, senior executives, and others involved in doing business or resolving disputes in foreign jurisdictions

This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.

Provisional measures are an increasingly important mechanism for investment protection in investment arbitration. There is a critical mass of jurisprudence as well as numerous cases that have exhibited novel uses for provisional measures, calling for a thorough examination. Rubins and Love's work is the first to provide in-depth coverage of this increasingly important subject and their work provides an invaluable academic and practical resource. The book is organized by topic and covers the full range of jurisprudence to date, using comparative legal analysis to shed light on each issue. It provides an overview of provisional measures and their function in investment arbitration, including the basic legal documents and provisions relevant to the topic. The authors set out the elements considered in granting provisional measures, discuss the two key issues of the relationship of provisional measures with parallel proceedings, analyse the enforcement of provisional measures, and assess the future direction and growth of provisional measures in investment arbitration.