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Chapter

Singapore

11 June 2020

In summary This chapter summarises the key developments in the Singapore international arbitration scene between the period of March 2019 and February 2020.

Vietnam

11 June 2020

In summary In 2019, Vietnam witnessed improvements not only in the quality and quantity of dispute resolution by arbitration but also in a number of initiatives to resolve existing problems within the legislative system. Nevertheless, recent court decisions on the annulment of arbitral awards indicate that when it comes to arbitral awards of high worth or those involving state-related parties, the courts can be unpredictable and conflicting reasoning is not uncommon. Decision 11/2019/QD-PQTT of the Hanoi People’s Court (14 November 2019) is a typical example.

Malaysia

11 June 2020

In summary This chapter explains the legal framework for arbitration in Malaysia. It discusses the key principles that underpin Malaysian arbitration law, as well as recent decisions of the Malaysian courts.

Korea

11 June 2020

In summary The recent surge in the number of investor-state dispute settlement (ISDS) cases has caused Korea to review and reform its current system to respond to ISDS. With the newly introduced ISDS team under the Ministry of Justice, it is expected that Korea’s efforts for current and potential ISDS cases will be streamlined to provide for a more centralised and effective response.

Japan

11 June 2020

In summary Japan continues to strive to boost its international arbitration capacity. A high-end hearing facility is now open in Tokyo. Foreign lawyers will be allowed to represent Japanese parties in domestic arbitration with foreign elements.

India

11 June 2020

In summary With two amendments to the Arbitration and Conciliation Act, 1996 and a plethora of decisions of the Indian judiciary, the present article analyses the major developments in the Indian arbitration scenario in 2019 and early 2020. It closely examines the efforts of the Indian legislature and judiciary in making arbitration an expeditious and efficacious method for resolution of disputes.

Hong Kong

11 June 2020

In summary A number of pro-arbitration developments occurred in Hong Kong during 2019. This included the Hong Kong and mainland China authorities bringing into force the Interim Measures Arrangement, the courts handing down a number of arbitration-related decisions and the Hong Kong Law Reform Commission establishing a subcommittee to consider the legalisation of outcome-related fee structures for arbitration.

China

11 June 2020

In summary After a series of pro-arbitration judicial interpretations and circulars issued by the Supreme People’s Court in 2017 and 2018, 2019 continued to witness the development of Chinese arbitration practice towards a more open and strengthened pro-arbitration environment that aligns with internationally acceptable standards.

Australia

11 June 2020

In summary This chapter provides a detailed overview of the law and practice of international commercial and investor-state arbitration in Australia. It explores recent judgments of the Australian courts upholding arbitral awards in the face of challenges, giving broad effect to arbitral agreements and granting leave for the recognition of enforcement of International Centre for Settlement of Investment Disputes (ICSID) arbitral awards. It also looks at the framework for institutional arbitration in Australia pursuant to the Australian Centre for International Commercial Arbitration (ACICA) Rules and a number of local facilities at which hearings may be held.

The rise of arbitration in the Asia-Pacific

11 June 2020

In summary Use of arbitration continues to rise in Asia. Leading Asian arbitration institutions, such as the Singapore International Arbitration Centre and the Hong Kong International Arbitration Centre, have seen an increase in the number of case filings. In response to the increasing demand, new arbitration institutions have been established in the region. In 2019, the Beihai Asia International Arbitration Centre opened in Singapore, marking the first ever international arbitration centre established in Singapore by a Chinese arbitration commission. Arbitration’s popularity in Asia can be explained by a multitude of factors, including growth in the region, as well as the relative ease with which arbitral awards can be enforced around the world. This chapter examines recent developments in Singapore and other parts of the Association of Southeast Asian Nations (ASEAN) and Asia to examine whether a trend exists across the region that converges in favour of arbitration.