Cross-border dispute resolutions in Asia and beyond - New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution By Luke Nottage, Shahla ALI, Bruno JETIN, & Nobumichi TERAMURA, eds. Alphen aan den Rijn: Kluwer Law International BV, 2020. 370 pp. Hardcover $161.00

2021 ◽  
pp. 1-3
Author(s):  
Leon WOLFF
Keyword(s):  
Dispute Resolution ◽  
Asia Pacific ◽  
International Arbitration ◽  
Cross Border ◽  
Border Dispute

Recognition and enforcement of judgments between China and the Caribbean: reflections from the perspective of Caribbean offshore financial centres

2021 ◽  
Author(s):  
Meng Yu
Keyword(s):  
Dispute Resolution ◽  
Mutual Recognition ◽  
Test Cases ◽  
International Treaties ◽  
Cross Border ◽  
Border Dispute ◽  
Recognition And Enforcement ◽  
Belt And Road ◽  
The Caribbean ◽  
The Belt And Road

Given that a substantial number of cross-border investments related to China involve companies registered in Caribbean offshore financial centres, the recognition and enforcement of judgments between China and Caribbean offshore financial centres directly affect the relevant cross-border dispute resolution. Effective dispute resolution is of great significance not only to Caribbean offshore financial centres’ offshore financial business, but also to China’s attraction of foreign investment. However, as yet, no effective mechanism exists for addressing the mutual recognition and enforcement of judgments by China and Caribbean offshore financial centres. In light of the liberalisation of Chinese rules in this field, China and Caribbean offshore financial centres should seek ways, including signing international treaties, building consensus building, and promoting test cases, so as to promote the recognition and enforcement of judgments based on the cooperation platform under the Belt and Road Initiative.

scholarly journals Cross‑Border Mediation: Towards a Balanced Framework for Cross‑Border Dispute Resolution in the European Union

2021 ◽  
Vol 24 (4) ◽  
pp. 515-560
Author(s):  
Martin Senftl
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Resolution ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
Playing Field ◽  
Cross Border ◽  
Border Dispute ◽  
The Eu

This paper takes the entry into force of the Singapore Convention on Mediation on 12 September 2020 as an opportunity to reconsider whether the European Union has reached its once ambitious goal to create a balanced relationship between mediation and litigation in cross-border disputes. After a brief overview of the current legal framework for cross-border mediation in the EU in the first section, the meaning of the concept of a balanced relationship and its implications for the regulation of mediation in cross-border disputes are analysed. Starting with the observation that the use of cross-border mediation is still very limited, this second section argues that attempts to establish a balanced relationship in quantitative terms are misguided. Instead of attempting to correct alleged decision deficits by the parties to a dispute, the paper emphasises the regulatory responsibility of European legislators to create a level playing field for different cross-border dispute resolution mechanisms. In this respect, the third section identifies the surprising absence of private international law rules in the EU’s mediation framework as a structural disadvantage of mediation, as compared to litigation and arbitration. The last part of the paper examines in detail the interaction between mediation and the Brussels Ia Regulation to provide specific examples of legal obstacles to cross-border mediation and potential ways to overcome them.

15 Dispute Resolution in Project Finance Transactions

2015 ◽  
Author(s):  
Nolan Michael ◽  
Canning Tom ◽  
Culbertson Erin ◽  
Hogwood Emma ◽  
Kinninmont Paul
Keyword(s):  
Risk Factors ◽  
Dispute Resolution ◽  
Political Risk ◽  
Project Finance ◽  
International Arbitration ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
Additional Protection ◽  
Project Participants ◽  
Investment Treaties

Dispute resolution mechanisms in the project finance context are a means of enforcing the allocation of risksamong a project’s many participants. Swift, flexible, final, and enforceabledispute resolution mechanisms allow a project’s intended risk allocations to be maintained. This chapter identifies various dispute resolution mechanisms available to project participants. Much of the chapter is devoted to exploring the advantages and disadvantages of two dispute resolution regimes—litigation and international arbitration—including looking at enforcement. It considers how investment treaties provide additional protection against political risk factors faced by cross-border projects and describes typical dispute resolution fora(such as ICSID)for investor–state disputes. The chapter also provides a ‘toolkit’ for drafting dispute resolution provisions designed to achieve participants’ goals.

3 Introduction to HKIAC

2017 ◽  
Author(s):  
Moser Michael ◽  
Bao Chiann
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
Asia Pacific ◽  
Recent Case ◽  
Pacific Region ◽  
International Arbitration ◽  
Asia Pacific Region ◽  
Arbitration Process ◽  
History Of ◽  
Regional Institution

This chapter introduces the Hong Kong International Arbitration Centre (HKIAC), one of the longest-standing and most prominent providers of dispute resolution services in the Asia-Pacific region. According to a leading arbitration journal, ‘[r]egional arbitration pretty much began with the HKIAC. No regional institution has been running for so long. Or with such success.’ It has also been recognized that the emergence of HKIAC proved that the concept of regional arbitration would work. The chapter then summarizes the history of HKIAC, describes its structure and services, provides an overview of recent case statistics, and outlines the arbitration process under the HKIAC Rules.

Judicial Services for Global Commerce – Made in Germany?

2009 ◽  
Vol 10 (2) ◽  
pp. 115-122 ◽  
Author(s):  
Gralf-Peter Calliess ◽  
Hermann B. Hoffmann
Keyword(s):  
Dispute Resolution ◽  
International Business ◽  
State Institution ◽  
Party Autonomy ◽  
Applicable Law ◽  
Cross Border ◽  
Nation States ◽  
Global Commerce ◽  
Border Dispute ◽  
The Right

International business disputes rarely go to court, but sometimes they do. By virtue of the internationally accepted principle of party autonomy, business partners involved in cross-border transactions are entitled to select their forum of choice for any dispute which may arise from their commercial relationship. Party autonomy entails the right to opt out of the nation state's court systems. In fact, arbitration clauses often refer disputes to a non-state institution for commercial arbitration such as the International Court of Arbitration of the ICC in Paris. In a choice of court agreement, however, parties may also choose between the different forums for dispute resolution provided by the nation states. In the era of economic globalization when the demand for cross-border dispute resolution services is growing, the provision of legal services for international commerce becomes big business. As a result, national business lawyers develop a natural interest in channeling international disputes to their domestic courts. A very effective way to broaden their market share is to submit as many contracts as possible to their own national law. Once a choice of law clause, English law for example, is agreed on, a corresponding choice of court agreement comes quasi naturally, since the courts of other nations have a lack of experience in applying foreign law. Thus, when international business transactions are negotiated, the involved lawyers engage in what is appropriately described as a ‘fight for the applicable law'.

Arbitration and Law

2020 ◽  
pp. 34-69
Author(s):  
William W. Park
Keyword(s):  
Dispute Resolution ◽  
Procedural Fairness ◽  
Legal Framework ◽  
Three Dimensions ◽  
The Third ◽  
Cross Border ◽  
Border Dispute ◽  
The Relationship

This chapter discusses the relationship between arbitration and law. Three sets of questions present themselves with respect to the role of law in arbitration. The first relates to arbitration’s legal framework. The second relates to the specific procedures by which arbitration proceedings unfold, for example, in presenting evidence or organizing oral hearings. The third implicates the arbitrator’s evaluation of the merits of the disputes itself. Although separate, the three dimensions of law support each other in promoting the efficiency, fairness, and legitimacy of cross-border dispute resolution. Performance of the arbitrator’s function thus falls within a framework of cases, statutes, and treaties seeking balance between two goals: (i) to prevent disregard of an arbitration commitment; while at the same time (ii) to monitor the arbitral process for conformity to recognized notions of procedural fairness.

scholarly journals Are Cross-Border Classes Feasible for Students to Collaborate in the Analysis of Energy Efficiency Strategies for Socioeconomic Development While Keeping CO2 Concentration Controlled?

2021 ◽  
Vol 13 (3) ◽  
pp. 1584
Author(s):  
Roberto Araya ◽  
Pedro Collanqui
Keyword(s):  
Energy Efficiency ◽  
Socioeconomic Development ◽  
Concept Maps ◽  
Research Question ◽  
Co2 Concentration ◽  
Asia Pacific ◽  
School Students ◽  
Improve Energy Efficiency ◽  
Cross Border ◽  
Science Classes

Education is critical for improving energy efficiency and reducing CO2 concentration, but collaboration between countries is also critical. It is a global problem in which we cannot isolate ourselves. Our students must learn to collaborate in seeking solutions together with others from other countries. Thus, the research question of this study is whether interactive cross-border science classes with energy experiments are feasible and can increase awareness of energy efficiency among middle school students. We designed and tested an interactive cross-border class between Chilean and Peruvian eighth-grade classes. The classes were synchronously connected and all students did experiments and answered open-ended questions on an online platform. Some of the questions were designed to check conceptual understanding whereas others asked for suggestions of how to develop their economies while keeping CO2 air concentration at acceptable levels. In real time, the teacher reviewed the students’ written answers and the concept maps that were automatically generated based on their responses. Students peer-reviewed their classmates’ suggestions. This is part of an Asia-Pacific Economic Cooperation (APEC) Science Technology Engineering Mathematics (STEM) education project on energy efficiency using APEC databases. We found high levels of student engagement, where students discussed not only the cross-cutting nature of energy, but also its relation to socioeconomic development and CO2 emissions, and the need to work together to improve energy efficiency. In conclusion, interactive cross-border science classes are a feasible educational alternative, with potential as a scalable public policy strategy for improving awareness of energy efficiency among the population.

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