Expanding Asia-Pacific Frontiers for International Dispute Resolution: Conclusions and Recommendations

in L. Nottage, S. Ali, B. Jetin & N. Teramura (eds), "New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution", Wolters Kluwer (Forthcoming)

University of Hong Kong Faculty of Law Research Paper No. 2020/038

14 Pages Posted: 16 Jul 2020 Last revised: 20 Jul 2020

See all articles by Nobumichi Teramura

Nobumichi Teramura

University of Sydney Law School; Adelaide Law School

Shahla F. Ali

The University of Hong Kong - Faculty of Law

Anselmo Reyes

Court of First Instance (Hong Kong)

Date Written: July 1, 2020

Abstract

Asia’s emergence as a global economic powerhouse has corresponded with a prolonged upward trend in international commercial arbitration (ICA) cases involving Asian parties, as well as a belated expansion of investor-state dispute settlement (ISDS) arbitrations involving Asian states or investors. Further accelerating the eastward shift in international dispute resolution, various initiatives to improve support for ICA and ISDS have been taken and alternatives (such as international commercial courts and international commercial mediation) have been promoted. This book aimed to examine significant ‘new frontiers’ for Asia-Pacific cross-border business dispute resolution, focusing on major economies in East and South Asia and countries (such as Australia) that are closely linked economically and geographically. The principal questions posed were: (1) whether existing and new venues for ICA could improve their attractiveness through law reform, case law development, and other measures, despite worries about cost and delay; (2) whether emerging concerns about ISDS-backed investment treaty commitments would prompt Asian states to become rule-makers in international investment law, rather than be mere rule-takers; and (3) whether innovations in existing or new fields might assist the Asia-Pacific region to develop international dispute settlement further. The foregoing chapters have discussed these broad themes, focusing on developments in Australia, Japan, Hong Kong, China, India and Malaysia, while paying attention to broader regional initiatives (such as China’s Belt and Road Initiative (BRI)) and recent international instruments (such as the Singapore Convention on Mediation (entering in force from 12 September 2020 )). This concluding chapter highlights key findings in the individual chapters and identifies some challenges for the post COVID-19 era.

Keywords: international trade, foreign direct investment (FDI), free trade agreements (FTAs), international investment treaties, international economic law, arbitration, mediation, international commercial courts, Asia, COVID-19

JEL Classification: K1

Suggested Citation

Teramura, Nobumichi and Ali, Shahla F. and Reyes, Anselmo, Expanding Asia-Pacific Frontiers for International Dispute Resolution: Conclusions and Recommendations (July 1, 2020). in L. Nottage, S. Ali, B. Jetin & N. Teramura (eds), "New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution", Wolters Kluwer (Forthcoming), University of Hong Kong Faculty of Law Research Paper No. 2020/038, Available at SSRN: https://ssrn.com/abstract=3640111

Nobumichi Teramura

University of Sydney Law School ( email )

Sydney
Australia

Adelaide Law School ( email )

Australia

Shahla F. Ali (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

Anselmo Reyes

Court of First Instance (Hong Kong) ( email )

38 Queensway
LG1, High Court Building
Admiralty
Hong Kong

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