Investment Arbitration for Japan and Asia: Five Perspectives on Law and Practice
Luke R. Nottage
University of Sydney - Faculty of Law; University of Sydney - Australian Network for Japanese Law
City University of Hong Kong (CityUHK)
FOREIGN INVESTMENT AND DISPUTE RESOLUTION LAW AND PRACTICE IN ASIA, V. Bath and L. Nottage, eds., Routledge, pp. 25-52, 2011
Sydney Law School Research Paper No. 12/27
Despite the significant number of BITs or other investment treaties entered into by Asian nations, comparatively few investor-State arbitration proceedings involve Asian claimants or respondents. This article examines the reasons behind this low incidence of investment arbitrations involving Asian parties, particularly in contrast to the burgeoning numbers of investment arbitrations in other regions of the world. Theories developed to explain Japan’s low domestic litigation rates are explored to ascertain if they can provide insights as to why relatively small numbers of Asia-related investor-State arbitrations have been instituted.
Number of Pages in PDF File: 14
Keywords: international arbitration, international investment law, Asian law, Japanese law, comparative law, Free Trade Agreements (FTAs), dispute resolution
JEL Classification: K10, K30, K33Accepted Paper Series
Date posted: April 18, 2012
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