International Arbitration: When East Meets West provides an extensive review and comparison of mediation and other forms of dispute resolution practiced in Asia and the West. As Asia, China in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The chapters reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures – both from a legal and social perspective – as well as a consideration of how each culture has influenced international arbitration practice overall.
What’s in this book:
This unique book will give the audience a peek into Asian characteristics that exist in an arbitration involving Asian parties. Issues covered include the following:
- interim measures in support of arbitration
- the hybrid arbitration-mediation mode of dispute resolution
- what China’s investment treaties have to offer
- Moser’s ‘Triple A’ approach to mediation
- witness conferencing
- influence of rang (¿), or exercise of altruism
- Chinese courts’ approach to international arbitration
- evolution of investment protection between China and Europe
- disclosure versus state secrecy laws in China, and
- the standard for disclosure in rules of evidence
How this will help you:
Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those who are engaged in arbitrations involving Asian parties. This book, the first of its kind, on the specific topic of East and West cultures in international arbitration is a peerless comparative study of Asian and Western arbitration theory and practice. Scholars of arbitration across the world are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties.
