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

14 Pages Posted: 18 Apr 2012  

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law

Romesh Weeramantry

City University of Hong Kong (CityUHK)

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.

Keywords: international arbitration, international investment law, Asian law, Japanese law, comparative law, Free Trade Agreements (FTAs), dispute resolution

JEL Classification: K10, K30, K33

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: https://ssrn.com/abstract=2041686

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The 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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