Alternative Dispute Resolution in Common Law Countries and Asia

Alternative Dispute Resolution in Common Law Countries and Asia


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Alternative Dispute Resolution in Common Law Countries and Asia by Carlos Esplugues

The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]

Product Details

ISBN-13: 9781780681399
Publisher: Intersentia
Publication date: 11/04/2013
Pages: 500
Product dimensions: 6.10(w) x 9.40(h) x 1.20(d)

Table of Contents

Preface v

Table of Cases xi

List of Abbreviations xxix

List of Authors xxxv

ADR Mechanisms and their Incorporation into Global Justice in the Twenty-First Century: Some Concepts and Trends Silvia Barona Carlos Esplugues 1

Australia David Bamford 53

China Yuanshi Bu 79

England and Wales Neil Andrews 103

Hong Kong Gavin Denton Fan Kun 131

India Darius J. Khambata Aditya N. Mehta Naira J. Jejeebhoy 165

Indonesia Marcella Elwina Simandjuntak Valentinus Suroto B. Resti Nurhayati 203

Ireland Guillermo Palao Moreno 233

Japan Masaaki Haga 253

Korea Gyooho Lee 287

Philippines Donemark J.L. Calimon 341

Singapore Joel Lee 383

Thailand Suparb Vongkiatkachorn 421

United States: Arbitration George A. Bermann 485

United States: Mediation Shanin Specter Jason L. Pearlman 537

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