International Commercial Arbitration in Asia

Overview

The chapters of this treatise provide an in-depth introduction to the laws and institutions involved with commercial arbitration in each of Asia's leading trading nations. The authors of the work describe and analyze in detail the dramatic changes that have occurred throughout Asia during the last few years...

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Overview

The chapters of this treatise provide an in-depth introduction to the laws and institutions involved with commercial arbitration in each of Asia's leading trading nations. The authors of the work describe and analyze in detail the dramatic changes that have occurred throughout Asia during the last few years in the domestic legal environments for international arbitration. It includes chapters on commercial arbitration and dispute resolution in the 11 leading trading nations and jurisdictions of Asia:

  • China
  • Hong Kong
  • Indonesia
  • Japan
  • Korea
  • Malaysia
  • Philippines
  • Singapore
  • Taiwan
  • Thailand
  • Vietnam

Praise for International Commercial Arbitration in Asia - 2nd Edition

"The authors of the articles for the countries covered in this book are all well-known and respected arbitraiton practioners, and their articles are all informative, providing too, candid and local insights into the practice of international commercial arbitration in their respecitive jurisdictions."
-Reviewed by Christopher Lau [Asian International Arbitration Journal, Volume 2, Number 2] .

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Product Details

  • ISBN-13: 9781929446179
  • Publisher: JurisNet LLC
  • Publication date: 1/28/2004
  • Pages: 600

Meet the Author

Philip J. McConnaughay is Dean and Professor of Law at the Penn State University School of Law and Former Professor of Law at the University of Illinois College of Law in Urbana-Champaign, Illinois. Dean McConnaughay joined the College of Law faculty at Illinois in1996 following seventeen years of international practice with Morrison & Foerster LLP, including almost ten years as a resident Partner in Morrison & Foerster's Tokyo and Hong Kong offices. He has represented parties from throughout the world in major international arbitrations in China, Japan, Southeast Asia, and the United States, including representing Fujitsu Limited in the celebrated IBM/Fujitsu Arbitration. Dean McConnaughay has served as a foreign advisor to arbitration law reform efforts in Indonesia, he has lectured on international arbitration and economic development in China, Vietnam, Japan, and elsewhere in Asia, Europe, and North America.

Thomas B. Ginsburg is Professor of Law at the University of Illinois College of Law in Urbana-Champaign, Illinois. Previously he has served as a Legal Assistant at the Iran-United States Claims Tribunal in the Hague, as a lecturer at Kyushu University Faculty of Law in Fukuoka, Japan, and as a program officer with The Asia Foundation in San Francisco and Asia. He has authored numerous articles on comparative law, arbitration, and East Asia, and has spoken at many universities in Europe and Asia.

About the Contributors:
  • Jingzhou Tao (China). Jingzhou Tao is the Managing Partner of the Beijing office of DLA Piper. Based in Beijing since 1991, Mr. Tao specializes in Joint VentureLaw and Arbitration. Mr. Tao serves as an arbitrator with CIETAC, and as an Adjunct Professor of Law at Beijing University. He is also a member of the International Chamber of Commerce (ICC) International Court of Arbitration.
  • David Sandborg (Hong Kong). David Sandborg is a member of the Faculty of the School of Law of the City University of Hong Kong, where he is the Programme Leader for the Masters Degree Programme in Arbitration and Dispute Resolution. He is a Fellow of the Chartered Institute of Arbitrators (East Asia Branch) and of the Hong Kong Institute of Arbitrators. He is listed on arbitration panels throughout Asia, Europe, and the United States, including those of CIETAC (China), HKIAC (Hong Kong), SIAC (Singapore), KCAB (Korea), the Kuala Lumpur Centre, WIPO (Geneva), the AAA Complex Case Panel, and the Center for Public Resources Panel of Distinguished Neutrals. For 12 years, Professor Sandborg was Chair of the AAA Asia Pacific Center for the Resolution of International Business Disputes. He has served as both advocate and arbitrator in ICC arbitration proceedings, and he has worked with the Vietnam Ministry of Justice on arbitration law reform in Vietnam.
  • Sebastiaan Pompe and Marie-Christine van Waes (Indonesia). Dr. Sebastiaan Pompe, formerly Senior Lecturer at Leiden University Law School, The Netherlands, currently is Legal Advisor to the International Monetary Fund in Jakarta. Marie-Christine Schröeder-van Waes is a practising lawyer, and presently is Of Counsel to the law firm Ali Budiardjo Nugroho Reksodiputro in Jakarta.
  • David A. Livdahl and Asako Yamagami (Japan). Now serving as Chief Representative, Paul Hastings Beijing Office, Mr. Livdahl practiced law in California from 1977 to 1988. He has practiced law and resided in Tokyo, Hong Kong, and Beijing since 1988; he speaks and reads Japanese and Mandarin Chinese. Mr. Livdahl is a Fellow of The Chartered Institute of Arbitrators, and he is an international panelist of the Hong Kong International Arbitration Center and the China International, Economic & Trade Arbitration Commission. He has been active in representing clients in transactions and arbitrations throughout Asia. Asako Yamagami is owed a special thanks for assistance in updating this article to reflect the 2004 Japanese Arbitration Law. Ms. Yamagami is an attorney with Taiyo Law Office in association with Paul, Hastings, Janofsky & Walker Gaikokuho Jimu Bengoshi Jimusho in Tokyo.
  • Byung-Chol Yoon, Jung-Keol Suh, Dai-Hyun Kim, and Grant L. Kim (Korea). Byung-Chol Yoon and Jung-Keol Suh are attorneys at the international law firm of Kim & Chang in Seoul, Korea (www.kimchang.com). Dai-Hyun Kim is an arbitration specialist at Kim & Chang and a former official of the Korea Commercial Arbitration Board. Grant L. Kim is a Foreign Legal Consultant at Kim & Chang and a former partner of Morrison & Foerster LLP, San Francisco, California.
  • Vinayak P. Pradhan and Varsha Doshi (Malaysia). Vinayak Pradhan is Commissioner of the United Nations Compensation Commission, Geneva, Switzerland, and a Partner of Skrine and Co, Kuala Lumpur. He is a Fellow of the Malaysian Institute of Arbitrators and of the Chartered Institute of Arbitrators (U.K.) and was Chairman of it’s Malaysian branch. He appears as counsel and sits as arbitrator in domestic and international arbitrations. He is a member and on the panel of various arbitral institutions. Varsha Doshi is a Partner of Zaid Ibrahim & Co., Kuala Lumpur. She has authored two books on the law for laymen as well as “Restitutionary Remedies in Illegal Agreements” for lawyers.
  • Victor P. Lazatin and Patricia Ann T. Prodigalidad (Philippines). Victor Lazatin is the Managing Partner of Abello Concepcion Regala & Cruz, Manila. Mr. Lazatin is a member of the Faculty and a Construction Arbitrator for the Construction Industry Arbitration Commission, Director of the Philippine Institute of Construction Arbitrators, a Member of the Philippine Dispute Resolution Center, and, Director of the International Chamber of Commerce, Philippine Council. Patricia Ann T. Prodigalidad is an Associate of Abello Concepcion Regala & Cruz, Manila.
  • Lih Shyng Yang and Leslie Chew (Singapore). Lih Shyng Yang is a Partner and Head of the Shipping and International Trade Department of Khattar Wong, Singapore. He is listed on the arbitration panel of the Singapore International Arbitration Centre (SIAC), and regularly serves as counsel or arbitrator in international commercial and shipping disputes conducted in either Chinese or English. Leslie Chew is a Senior Counsel in Singapore (Singapore’s equivalent of Queen’s Counsel) and the Managing Partner of Khattar Wong. He is the immediate past President of the Singapore Institute of Arbitrators, a Fellow of the Singapore and Chartered Institute of Arbitrators, and a member of the arbitration panels of SIAC, HKIAC (Hong Kong), and BANI (Indonesia).
  • Nigel N.T. Li and David W. Su (Taiwan). Nigel N.T. Li is a Partner and David W. Su is a Senior Attorney with Lee & Li in Taipei, Taiwan. Both Mr. Li and Mr. Su are Adjunct Professors of Law at Soochow University Graduate School of Law in Taipei. Both Mr. Li and Mr. Su are Editors of the CAA Arbitration Journal, a publication by the Arbitration Association of the ROC.
  • Anan Chantara-opakorn (Thailand). Anan Chantara-opakorn in a Barrister-at-Law and Associate Professor of Law and Former Director of the International Law and Business Training Institute, Faculty of Law, Thammasat University, Thailand. Professor Chantara-opakorn is an advisor or member of numerous government legislative committees, including the Senate’s Committee on Draft Small and Medium Enterprises Promotion Act; the Senate’s Committee on Draft Anti-dumping and Subsidies Act; the House of Representatives’ Committee on Draft Trade Secrets Act; the Working Group for the Council of State on Draft International Sales of Goods Act; the Drafting Committee on Code of Ethics for Arbitrators, Ministry of Justice; and the Maritime Law Committee, Office of Maritime Commercial Promotion.
  • Do Y Thanh (Vietnam). Do Y Thanh is the Deputy Director General of the Viet Nam Chamber of Commerce & Industry (VCCI), Ho Chi Minh City Branch, Director of VCCI’s Legal Department, Ho Chi Minh City Branch, and Vice President of the Viet Nam General Average Adjustment Committee. Ms. Thanh has lectured throughout Asia, Europe, and North and South America on trade, intellectual property, and commercial dispute resolution topics.
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