Expanding Asia-Pacific Frontiers for International Dispute Resolution: Conclusions and Recommendations

2020 ◽  
Author(s):  
Nobumichi Teramura ◽  
Shahla F. Ali ◽  
Anselmo Reyes
Author(s):  
See Seng Tan

This chapter explores how regional responsibility is expressed in the context of Southeast Asia’s creep towards the pacific settlement of trade and territorial disputes. It examines the nexus between sovereignty and responsibility, which is also partly manifested in the way regional countries have coalesce around the notion of a rules-based order in the Asia-Pacific, where responsible stakeholders presumably abide by rules-based governance, consensually agreed codes of interstate conduct and resort to peaceful means of dispute settlement. This includes ASEAN’s slow evolution towards a rules-based regional governance and a ‘legal personality’ in the form of the ASEAN charter. It also looks at the increasing reliance by Southeast Asian countries on international dispute settlement regimes and mechanisms as means, such as mediation, reconciliation, arbitration and/or adjudication, for resolving their disputes over trade and territory. Crucially, increasing reliance on peace means of dispute resolution does not automatically lead to a concomitant reduction in conflicts and disputes between regional countries; indeed, it might even engender more disputes because governments are now encouraged to raise issues in the mutual expectation that contending parties are unlikely to resort to war to settle their conflicts.


2021 ◽  
Vol 17 (12) ◽  
pp. 61
Author(s):  
Chen Shen

Even though the Singapore Convention is recognized as a landmark in the history of the international dispute resolution area, it is still in its infancy. Given China's economic influence and Hong Kong's position in the Asia-Pacific commercial dispute resolution market, China's ratification would greatly enhance the Singapore Convention's impact in international commercial dispute resolution market and hence promote the use of commercial mediation. However, it remains uncertain as to whether, when and how the Singapore Convention would enter into force in China, even though China's one of the first signatories. Current commentaries within China towards Singapore Convention do not only reflect the potential benefits for China to ratify the Singapore Convention, but also difficulties that China might face and strategies to overcome these difficulties, which might form the basis for future decision-makings related to commercial mediation in China.


2019 ◽  
Vol 113 ◽  
pp. 370-374
Author(s):  
Weixia Gu

China's Belt and Road Initiative (BRI) ambitiously aspires toward expanding regional markets and facilitating economic integration across Asia and Europe. It has been regarded as a game-changer on the landscape of dispute resolution market, triggering a proliferation of “adjudication business.” This report examines the dynamics of international dispute resolution in context of the BRI, discussed from the three following perspectives: (1) BRI investors and disputants; (2) three major means of dispute resolution on offer; and (3) institutions involved.


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