Reflections on the Key Ingredients for Successful Reform of International Commercial Arbitration in the Asia Pacific

Weixia Gu (2020), “Reflections on the Key Ingredients for Successful Reform of International Commercial Arbitration in the Asia Pacific”, in Lei Chen and André Janssen (eds), Dispute Resolution in China, Europe and World (Springer), pp. 131-152.

University of Hong Kong Faculty of Law Research Paper No. 2020/024

20 Pages Posted: 14 May 2020 Last revised: 21 May 2020

See all articles by Weixia Gu

Weixia Gu

University of Hong Kong - Faculty of Law

Date Written: April 20, 2020

Abstract

Many states have recognised the economic importance of being ‘arbitration-friendly’, and many have naturally advertised themselves as such. Beyond the catch-phrase lie these questions: What arbitration regimes are sufficiently ‘arbitration-friendly’? Looking into the past, is there a standard pathway of arbitration reform in the Asia Pacific? Or are there divergent modes of development? To what degree have political, legal, social, cultural, and other factors influenced a jurisdiction’s ability to replicate successful reform patterns? This Chapter looks into the development of arbitration regimes across the Asia Pacific, and aims to reflect on key ingredients for successful arbitration reform in the East. Among the Asia Pacific jurisdictions, some have reached greater success and have attracted many more commercial disputes within and outside the region. Others have been less successful, even with efforts to substantially reform the arbitration laws and institutions. To examine arbitration reform efforts and outcomes of Asia Pacific jurisdictions, this Chapter relies on a hypothetical model of arbitration reform. This model is then tested against the reform pathways undertaken by 12 Asia Pacific jurisdictions for accuracy as a ‘formula’ for arbitration reform in the region.

JEL Classification: K19, K40, K41, K49

Suggested Citation

Gu, Weixia, Reflections on the Key Ingredients for Successful Reform of International Commercial Arbitration in the Asia Pacific (April 20, 2020). Weixia Gu (2020), “Reflections on the Key Ingredients for Successful Reform of International Commercial Arbitration in the Asia Pacific”, in Lei Chen and André Janssen (eds), Dispute Resolution in China, Europe and World (Springer), pp. 131-152., University of Hong Kong Faculty of Law Research Paper No. 2020/024, Available at SSRN: https://ssrn.com/abstract=3580665

Weixia Gu (Contact Author)

University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01249

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