|
Showing 1 - 2 of
2 matches in All Departments
This book brings together foreign investment and investment
arbitration in Asia, the fastest growing economic region in the
world. It provides a critical analysis of foreign investment, its
benefits and the legal regimes of the jurisdictions studied at a
time when investor-state disputes are on the rise and investment
arbitration is under growing scrutiny. Governments are under
greater pressure to balance the promotion of investment with public
policy development and interests and calls for a permanent court
for investment arbitration are getting louder.To assess future
possibilities, this book takes stock of, brings together and
analyses the legal regimes on foreign investment in 12 major Asian
jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan,
South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand
and Vietnam. These constitute paradigmatic examples of what is
happening in the legal framework of Asian foreign investment and
the impact that the current system of investment arbitration has in
all of them. The analysis shows the existence of changing positions
and degrees of openness towards foreign investment in the region,
as well as a distinct level of exposure to and involvement in
investment arbitration.Predictably, their situation will change in
the near future, at least in relation to investment arbitration.
Proposals for reform have already been made and international
institutions are working on the development of an alternative to
the proceedings of investment arbitration as it is currently
constructed and understood. Consequently, the last two chapters of
this book are devoted to the analysis of these developments that
will most probably affect the existing situation in the region.
In the context of harmonisation of arbitration law and practice
worldwide, to what extent do local legal traditions still influence
local arbitration practices, especially at a time when non-Western
countries are playing an increasingly important role in
international commercial and financial markets? How are the new
economic powers reacting to the trend towards harmonisation? China
provides a good case study, with its historic tradition of
non-confrontational means of dispute resolution now confronting
current trends in transnational arbitration. Is China showing signs
of adapting to the current trend of transnational arbitration? On
the other hand, will Chinese legal culture influence the practice
of arbitration in the rest of the world? To address these
challenging questions it is necessary to examine the development of
arbitration in the context of China's changing cultural and legal
structures. Written for international business people, lawyers,
academics and students, this book gives the reader a unique insight
into arbitration practice in China, based on a combination of
theoretical analysis and practical insights. It explains
contemporary arbitration in China from an interdisciplinary
perspective and with a comparative approach, setting Chinese
arbitration in its wider social context to aid understanding of its
history, contemporary practice, the legal obstacles to modern
arbitration and possible future trends. In 2011 the thesis on which
this book was based was named 'Best Thesis in International
Studies' by the Swiss Network for International Studies. "What
distinguishes this work from other books on international
arbitration is its interdisciplinary perspective and comparative
approach...this book makes a remarkable contribution to the
understanding of arbitration in China and transnational arbitration
in general. Academics, scholars and students of international
arbitration, comparative studies and globalisation may all find
this book stimulating. It also provides useful guidance for
practitioners involved or interested in arbitration in China." From
the Foreword by Gabrielle Kaufmann-Kohler
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
|