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Asian International Arbitration Journal
Number of Followers: 4

Full-text available via subscription

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ISSN (Print) 1574-3330
Published by Kluwer Law International

[21 journals]

Confidentiality and Transparency in International Arbitration:
Asia-Pacific Tensions and Expectations
- Abstract: Volume 16 Online ISSN 1574-3330
  PubDate: Tue, 30 Jun 2020 04:58:32 GMT
  Issue No: Vol. 16 (2020)
Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral
Award: An Indian Perspective
- Abstract: Setting aside an award and/or resisting the enforcement of the award is the only recourse an award-debtor has following the issuance of the adverse award. It has been suggested that such processes could be long drawn and deprive the successful party the early recovery of the fruits of its successful resolution. Some have suggested that perhaps parties could agree to waive their right to apply for setting aside and/or to resist the enforcement of the award upon its making. Such waivers require the consideration of whether they would eventually be enforceable. This article seeks to discuss the thorny problems for an Indian perspective, examining the perspective of the Indian courts and related legislative framework.Volume 16 Online ISSN 1574-3330
  PubDate: Tue, 30 Jun 2020 04:58:32 GMT
  Issue No: Vol. 16 (2020)
Forecasting Energy Disputes in Asia
- Abstract: Asia’s swift economic development has driven its demand for energy resources beyond historical limits. China and India together are expected to consume more than half of the world’s energy production and the rest of Asia continues to require significant resources. This article draws attention to the recent developments in Asia – the Belt and Road Initiative, (BRI), the expiring production sharing contracts (PSAs), the potential trend of increased gas-pricing disputes in the region, the drive to shed reliance on fossil fuels and the onset of the COVID-19 epidemic in China – to suggest that a surge of energy disputes is not far in the horizon. Whether and how these disputes will eventually play out, such players in the energy industry place confidence in the mature dispute resolution infrastructure that exists within the Asian region. Volume 16 Online ISSN 1574-3330
  PubDate: Tue, 30 Jun 2020 04:58:32 GMT
  Issue No: Vol. 16 (2020)
Do’s and Dont’s of Regulating Third-Party Litigation Funding:
Singapore Vs. France
- Abstract: Opting for international arbitration no longer ensures a quicker and cheaper access to justice. By reason of the exponential increase of the costs incurred in arbitration proceedings, a claim constitutes both a financial asset and a burden. A number of products offered by disputes funding firms allows litigants to externalize these costs. Funding cases puts equity capital at risk on a non-recourse basis. Naturally, this follows a well-structured decision-making process involving a budget plan and a deep dive due diligence conducted by experienced litigation and finance teams. Different approaches to regulating the funding activity have emerged. While France adopted a hands-off approach which led to the development of ethical and professional standards by concerned stakeholders, Singapore successfully legislated and developed an inspiring model, allowing the activity to thrive in the litigants’ best interests, in record time.Volume 16 Online ISSN 1574-3330
  PubDate: Tue, 30 Jun 2020 04:58:32 GMT
  Issue No: Vol. 16 (2020)
Book Review: The International Arbitration Rulebook: A Guide to Arbitral
Regimes, by Arif Hyder Ali, Jane Wessel, Alexandre de Gramont & Ryan
Mellske, (Kluwer LawInternational BV, The Netherlands, 2019)
- Abstract:
  Volume 16 Online ISSN 1574-3330
  PubDate: Tue, 30 Jun 2020 04:58:32 GMT
  Issue No: Vol. 16 (2020)

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