Practice of International Commercial Arbitration

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Focusing on practical principles and guidelines, this book covers everything a prospective international commercial arbitrator or lawyer wishing to start an arbitration practice should know about conducting an arbitration in Asia.

Focusing on practical principles and guidelines, this book covers everything a prospective international commercial arbitrator or lawyer wishing to start an arbitration practice should know about conducting an arbitration in Asia. Previously, the book concentrated solely on arbitration in Hong Kong, but this second edition is significantly expanded to cover Mainland China, Japan, and Singapore as well. In addition to this expansion, the content has been updated to cover new conventions, the latest statutory amendments, revised arbitral institution rules, and new or updated soft law instruments. The second edition also reflects major changes since the first edition, including the greater use of online hearings for the conduct of arbitrations since COVID-19, the prevalence of sanctions and countersanctions constraining what cases arbitrators can or cannot accept, and the consequences of an increased awareness of climate change considerations. Along the way, the book considers the impacts of generative AI, third-party funding, enhanced data protection and privacy regimes, and developments in other modes of alternative dispute resolution (ADR) (including mediation) on international commercial arbitration.

Specifically geared to those interested in or starting work as an arbitrator or as counsel in international arbitration cases, this compact book takes readers step by step through the problems likely to arise in the conduct of cross-border arbitration and in the development of a career in that field in Asia.

Obsah

1. Introduction 2. Theory 3. Infrastructure 4. Rules 5. Appointment 6. Start 7. Interlocutory 8. Evidence 9. Trial 10. Finish 11. ADR Support 12. Judicial Support 13. Complex Arbitrations 14. Specialized Arbitrations 15. Challenges