Mediation in the Asia-Pacific Region PDF Download

Author: Dale Bagshaw
Publisher: Routledge
ISBN: 1134009976
Category : Political Science
Languages : en
Pages : 373

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Book Description
This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.

Author: Shahla Ali
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 313

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Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Author: Shahla F. Ali
Publisher: Routledge
ISBN: 1136894357
Category : Law
Languages : en
Pages : 240

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Book Description
How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.

Author: Stephanie P. Stobbe
Publisher: Lexington Books
ISBN: 1498566448
Category : Political Science
Languages : en
Pages : 285

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Book Description
Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.

Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9403528230
Category : Law
Languages : en
Pages : 432

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Book Description
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545

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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Author: Shahla F. Ali
Publisher: Edward Elgar Publishing
ISBN: 1789907179
Category : Law
Languages : en
Pages : 288

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Book Description
This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

Author: Mikio Oishi
Publisher: Springer
ISBN: 9811000425
Category : Political Science
Languages : en
Pages : 213

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Book Description
This book looks at major contemporary conflicts —intra and interstate— in Southeast Asia from a conflict management perspective. Starting with the view that the conventional ASEAN conflict-management methods have ceased to be effective, it looks for new conflict-management patterns and trends by investigating seven contemporary cases of conflict in the region. Focusing on the incompatibilities involved in each case and examining how they have been managed—whether by integration, co-existence, elimination or maneuvering around the conflict—the book sheds new light on the significance of managing conflict in achieving and maintaining the stability of the Southeast Asian region. It makes a significant theoretical contribution to the field of peace and conflict studies by proposing the concept of “mediation regime” as the key to understanding current conflict management within ASEAN.

Author: Catharine Titi
Publisher: Oxford University Press, USA
ISBN: 0198827954
Category : Law
Languages : en
Pages : 417

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Book Description
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Author: Simon Greenberg
Publisher: Cambridge University Press
ISBN: 9780521695701
Category : Law
Languages : en
Pages : 582

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Book Description
There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.