ARBITRATION LAW AND PRACTICE IN ASIA, 2ND EDITION

Australia
Alex Baykitch

China
Caroline Berube and Ralf Ho

Fiji
Nicholas Barnes and Rajnil Krishna

Hong Kong
Chiann Bao and Queenie Lau

Indonesia
Karen Mills

Japan
Masafumi Kodama

Korea, Republic of
John Rhie

Lao PDR
Danyel Thomson, Lasonexay Chanthavong and Brennan Coleman

Malaysia
Tan Sri Dato’ Cecil Abraham, Dato’ Sunil Abraham and Syukran Syafiq

Mongolia
S. Demberel

Myanmar
Minn Naing Oo

New Zealand
Daniel Kalderimis

The Philippines
Darwin P. Angeles and Ana Patricia Tobias

Singapore
Nicholas Song

Taiwan
Chang-Fa Lo

Thailand
Thawatchai Suvanpanich

Vietnam
Nguyen Manh Dzung and Nguyen Thi Mai Anh

APPENDICES

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AUSTRALIA
International Arbitration Act 1974, Act No. 136 of 1974, as amended
Convention on the Settlement of Investment Disputes between States and Nationals of Other States

HONG KONG, S.A.R.
Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrators) Rules (Cap. 609C)
Arbitration Law of the People’s Republic of China (PRC)
Arbitration Ordinance (Cap. 341)
Arbitration Ordinance (Cap. 609)
Contracts (Rights of Third Parties) Ordinance (Cap. 623)
Control of Exemption Clauses Ordinance (Cap. 71)
Employees’ Compensation Ordinance (Cap. 282)
Employment Ordinance (Cap. 57)
High Court Ordinance (Cap. 4)
International Arbitration Act (Cap. 143A) (Singapore)
Interpretation and General Clauses Ordinance (Cap. 1)
Legal Practitioners Ordinance (Cap. 159)

INDONESIA
Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution

JAPAN
Arbitration Law--(Law No. 138 of 2003)

KOREA, REPUBLIC OF
Arbitration Act Wholly Amended by: Act No. 6083, Dec. 31, 1999
Amended by Act No. 6465, Apr.7, 2001 Act No. 6626, Jan. 26, 2002

MYANMAR
The Code of Civil Procedure, English translation
The Limitation Act 1908, English translation
The Arbitration (Protocol and Convention) Act of 1939, English translation
The Arbitration Act of 1944, English translation
The Arbitration Law No.5/2016, English translation
Myanmar Investment Law (The Pyidaungsu Hluttaw Law No 40/2016)

NEW ZEALAND
Arbitration Act 1996

THE PHILIPPINES
2022 Revised Implementing Rules and Regulations of Republic Act No. 6957
Executive Order No. 1008 also known as the “Construction Industry Arbitration Law”
Republic Act No. 11232 also known as the “Revised Corporation Code of the Philippines”
Republic Act No. 386 also known as the “Civil Code of the Philippines”
Republic Act No. 7160 also known as the “Local Government Code of 1991”
Republic Act No. 876 also known as “The Arbitration Law”
Republic Act No. 9285 also known as the “Alternative Dispute Resolution Act of 2004”

SINGAPORE
International Arbitration Act Chapter 143A (2002 Ed)

THAILAND
The Thai Arbitration Act, B.E. 2545 (2002)

VIETNAM
Law 54 on Commercial Arbitration (17 June 2010) Civil Procedure Code, Law No. 92/2015/QH13
Resolution No: 01/2014/NQ-HDTP, Guiding the Implementation of Certain Provisions of the Law on Commercial Arbitration

About the Editors:

Professor Loukas Mistelis, LLB, MLE, FCIArb, is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.

Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006-2012), a Visiting Professor at Pepperdine University London program (2008-2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009).

He is coordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programs in London and Paris and is the coordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.

Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).

Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.

Laurence Shore became a Partner at BonelliErede in September 2017 and is the Co-head of the firm’s international arbitration practice group. He is resident in the Milan office. Previously, Laurence practiced law in New York and London, where he was a partner at Herbert Smith (1999-2008, 2013-2017) and Gibson Dunn (2008-2013). Laurence has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, ICDR, AAA, UNCITRAL, Cairo Regional Centre, and Swiss Rules. Laurence also has been called as an arbitrator on more than 25, ICC, ICDR and other arbitrations.

He has experience serving as co-arbitrator, tribunal chair and sole arbitrator in the following arbitral seats: New York, Connecticut, London, Geneva, Paris, The Hague, Montreal, Cairo, Tel Aviv and Cyprus.  In addition to his work as an arbitration practitioner, Laurence has tried cases in the United States courts and in England’s High Court. His publications include “You Can Bet the Company but Not the State: The Proper and Improper Conduct of Sovereigns in Arbitration,” World Arbitration and Mediation Review (2009 Vol. 3, Nos. 4-5); “Arbitration, Rhetoric, Proof: The Unity of International Arbitration across Cultures,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), Ed. A.W. Rovine (Martinus Nijhoff Publishers, 2010).