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The Asia-Pacific Arbitration Review 2020

Across 16 chapters spanning 128 pages, this edition provides an invaluable retrospective, executed by 34 leading figures. All contributors are vetted for their standing and knowledge before being invited to take part.

Together, our contributors capture and interpret the most substantial recent international arbitration events of the year just gone, with footnotes and relevant statistics. Other articles provide valuable background so that you can get up to speed quickly on the essentials of a particular country as a seat.

This edition covers Australia, China, Hong Kong, India, Japan, Korea, Malaysia, the Philippines, Singapore and Vietnam, has overviews of developments in energy arbitration, investment treaty arbitration, and enforcement, and includes a discussion of the pros and cons of discounted cash-flow as a method of valuing a growth business.

Among the nuggets it contains:

- a description of how China has extended its reporting system – whereby lower courts must notify the Supreme People’s Court before taking decisions that may affect awards or arbitrations – to include domestic cases;

- statistics showing a boom in arbitration in Vietnam, plus a review of the most recent cases on annulment and enforcement;

- a full review of all the significant court decisions from Indian in the past year;

- how Malaysia has made it easier for foreign counsel to appear in international arbitrations there; and

- remarkable statistics from Korea showing the growth of international cases at the Korean Commercial Arbitration Board and the extent of the government’s development plans.

The review also looks to answer speculative questions facing arbitration in the Asia-Pacific. The retrospective on the Hong Kong International Arbitration Centre on the occasion of the HKIAC’s 35th birthday answers ‘will Hong Kong will be seen as neutral territory vis-à-vis the mainland in the future?’, while ‘DCF – gold standard or fool’s gold?’ questions how arbitrators might attempt to value Spotify Technology were it expropriated by Sweden.

Published June 2019