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http://ssrn.com/abstract=2041686
 
 

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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

Romesh Weeramantry


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

Abstract:     
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, K33

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Date posted: April 18, 2012  

Suggested Citation

Nottage, Luke R. and Weeramantry, Romesh, Investment Arbitration for Japan and Asia: Five Perspectives on Law and Practice. 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. Available at SSRN: http://ssrn.com/abstract=2041686

Contact Information

Luke R. Nottage (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
University of Sydney - Australian Network for Japanese Law
Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia
Romesh Weeramantry
City University of Hong Kong (CityUHK) ( email )
83 Tat Chee Avenue
Hong Kong
Hong Kong
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