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Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.
The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
International Commercial Arbitration in Hong Kong: A Guide provides an essential introduction to commercial arbitration law and practices, focusing on Hong Kong as an example of a model law jurisdiction with a pro-arbitration stance. With the evolution and increasing popularity of dispute resolution in the international arena, one is no longer able to rely purely on knowledge of the local law and practices. This timely book is written in simple English and clearly arranged in a step-by-step format. Newcomers to this legal field will find the principles covered in the book easy to understand. It begins with an overview of the various “Alternative Dispute Resolution” choices available in Hong Kong. The remainder of the book covers all the aspects that one needs to know about commercial arbitration, including the advantages and disadvantages of arbitration in general; the laws and rules; the appointment of a sole arbitrator or a tribunal; the arbitrator’s jurisdiction, duties, and authorities, and how they are defined within the Arbitration Ordinance (Cap. 609); the arbitration process; the contents of an arbitral award and the recognition and enforcement of the award; and cost-saving techniques in arbitration. Experienced arbitrators and senior legal practitioners will also find International Commercial Arbitration in Hong Kong: A Guide to be a valuable reference on the various concepts and latest case precedents. “Dr. Stephen Mau’s reference book provides invaluable expert guidance on international commercial arbitration and other ADR mechanisms in Hong Kong. The book offers in-depth practical as well as theoretical analysis of the main features associated with Hong Kong’s international commercial arbitration market. It should be of great use not only to professionals and academics in the field of international arbitration, but also to anyone interested in learning about out-of-court dispute resolution in Hong Kong.” —Professor Dr. Nayla Comair-Obeid, former president, Chartered Institute of Arbitrators “This book provides a simple yet comprehensive framework of conducting an arbitration with the essential elements that are crucial in managing a dispute within the jurisdictional context of Hong Kong. The book is written in a way all readers, such as students, lawyers, arbitration practitioners, and academics, will find the contents to be current, precise, easy to follow, and above all, a pleasure to read.” —Dr. Christopher To, barrister-at-law, Gilt Chambers
Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com
With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.
The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.