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This thematic volume in the series Studies in Private International
Law – Asia outlines the general choice of law and recognition
rules relating to family matters of 15 Asian jurisdictions:
Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore,
Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia,
Thailand, Sri Lanka and India. The book examines pressing questions
and proposes ways in which their systems may be reformed. A
concluding chapter considers the extent to which Asian cross-border
family law systems can and should be harmonised. The book provides
a comprehensive analysis of cross-border family law challenges,
including child surrogacy, child abduction, the recognition of
same-sex unions, the recovery of maintenance, and the regulation of
intercountry adoption. These are among the matters now testing
Asian institutions of private international law and acting as
forces for their modernisation. With contributions by leading Asian
private international law experts, the book proposes necessary
reforms for each of the jurisdictions analysed as well as for Asia
as a whole.
Focusing on practical principles or guidelines for arbitrators,
this book covers everything a prospective international commercial
arbitrator should know about conducting an arbitration in Hong
Kong. Specifically geared to those interested in or starting work
as an international commercial arbitrator in Hong Kong, the book
takes readers step-by-step through the problems that are likely to
arise in the conduct of a commercial arbitration and in the
development of their careers as international commercial
arbitrators.
The second thematic volume in the series Studies in Private
International Law - Asia looks into direct jurisdiction, that is,
the situations in which the courts of 15 key Asian states (Mainland
China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore,
Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia,
Sri Lanka, and India) are prepared to hear a case involving
cross-border elements. For instance, where parties are habitually
resident abroad and a dispute has only some, little or no
connection with an Asian state, will the courts of that state
accept jurisdiction and hear the case and (if so) on what
conditions? More specifically, the book's chapters explore the
circumstances in which different Asian states assume or decline
jurisdiction not just in commercial matters, but also in other
types of action (such as family, consumer and employment disputes).
The Introduction defines terminology and identifies similarities in
the approaches to direct jurisdiction taken by the 15 Asian states
in civil and commercial litigation. Taking its cue from this, the
Conclusion assesses whether there should be a multilateral
convention or soft law instrument articulating principles of direct
jurisdiction for Asia. The Conclusion also discusses possible
trajectories that Asian states may be taking in respect of direct
jurisdiction in light of the COVID-19 pandemic and the political
tensions currently besetting the world. The book suggests that
enacting suitable rules of direct jurisdiction requires an Asian
state to strike a delicate balance between affording certainty and
protecting its nationals. At heart, direct jurisdiction involves
sometimes difficult policy considerations and is not just about
drawing up lists of jurisdictional grounds and exceptions to them.
In this book, senior judges and academics at the forefront of
transnational commercial law in Asia, Australia, Europe, the US,
and elsewhere, reflect on the implications of anti-globalism and
the COVID-19 pandemic on international commercial dispute
resolution (ICDR). The chapters consider: (1) What types of
cross-border commercial disputes will arise in the future and what
resources will be needed to respond to them in a cost-effective,
time-efficient, and equitable manner? (2) Is there still merit in a
multilateral approach to transnational commercial law and ICDR,
despite the closing of borders, the rise of protectionism, and the
disruption of global supply chains? (3) What reforms and
innovations should courts, arbitrators, and mediators contemplate
when navigating the post-pandemic landscape? (4) Can the
accelerated use of remote technology in ICDR (as prompted by the
pandemic) be leveraged to enhance access to justice for all? With a
focus on the current crisis in globalism, as well as the associated
problems of ensuring justice and fairness in the resolution of
cross-border commercial and investment-state disputes along the
Belt-and-Road and elsewhere, the book will be an invaluable
resource for academics, judges and practitioners alike.
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.
This collection offers a study of the regimes for the recognition
and enforcement of foreign commercial judgments in 15 Asian
jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea,
Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the
Philippines, Indonesia, Sri Lanka and India. For practising
lawyers, the book is intended as a practical guide to current law
and procedures for enforcing judgments in the selected
jurisdictions. However, it does not stop at describing current law
and practice. Of interest to academics and students, it also
analyses the common principles of the enforcement regimes across
the jurisdictions, and identifies what should be regarded as the
norm for enforcement in Asian countries for the purpose of
attracting foreign direct investment and catalysing rapid economic
development. In light of the common principles identified, the book
explores how laws in Asia may generally be improved to enable
judgments to be more readily enforced, while ensuring that
legitimate concerns over indirect jurisdiction, due process and
domestic public policy are respected and addressed. With this in
mind, the book discusses the potential impact that the adoption of
the 2005 Hague Convention on Choice of Court Agreements might have
on Asian jurisdictions; it also considers the potential impact of
the convention for the enforcement of judgments in civil and
commercial matters presently being drafted by the Hague Conference
on Private International Law. This timely book argues that it is
imperative to adopt a uniform system for the recognition and
enforcement of judgments throughout Asia if there is to be traction
for the enhanced cross-border commerce that is expected to result
from endeavours such as the ASEAN Economic Community (AEC), the
Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and
RCEP.
Multi-tier dispute resolution (MDR) entails an early attempt at
mediation followed by arbitration or litigation if mediation is
unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness
as a means of resolving disputes due to its combination of the
flexibility and informality of mediation with the rigour and
formality of arbitration or litigation. Yet, the question is why,
except in China and some Asian jurisdictions, MDR is not resorted
to around the world and MDR clauses in commercial contracts remain
relatively uncommon. This book responds to that question by (1)
surveying global regulatory approaches frameworks for MDR, (2)
comparing MDR trends in Asia and the wider world, (3) identifying
MDR's strengths and weaknesses, and (4) prescribing ways to address
MDR's weaknesses (the enforceability of MDR clauses, the
difficulties arising when the same person acts as mediator and
decision-maker in the same dispute, and the enforcement of mediated
settlement agreements resulting from MDR).
Multi-tier dispute resolution (MDR) entails an early attempt at
mediation followed by arbitration or litigation if mediation is
unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness
as a means of resolving disputes due to its combination of the
flexibility and informality of mediation with the rigour and
formality of arbitration or litigation. Yet, the question is why,
except in China and some Asian jurisdictions, MDR is not resorted
to around the world and MDR clauses in commercial contracts remain
relatively uncommon. This book responds to that question by (1)
surveying global regulatory approaches frameworks for MDR, (2)
comparing MDR trends in Asia and the wider world, (3) identifying
MDR's strengths and weaknesses, and (4) prescribing ways to address
MDR's weaknesses (the enforceability of MDR clauses, the
difficulties arising when the same person acts as mediator and
decision-maker in the same dispute, and the enforcement of mediated
settlement agreements resulting from MDR).
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.
Focusing on practical principles or guidelines for arbitrators,
this book covers everything a prospective international commercial
arbitrator should know about conducting an arbitration in Hong
Kong. Specifically geared to those interested in or starting work
as an international commercial arbitrator in Hong Kong, the book
takes readers step-by-step through the problems that are likely to
arise in the conduct of a commercial arbitration and in the
development of their careers as international commercial
arbitrators.
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