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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]

The strengths and weaknesses of arguments pertaining to ex aequo et bono
- Abstract: Ex aequo et bono is a means of resolving disputes in light of fairness and good conscience. The principle has been known to jurists since the classical period of Roman Law, but commentators and practitioners have avoided using it for fear of its potential unpredictability. Being controlled by the perception that ex aequo et bono brings irreconcilable uncertainties and undue exercise of authority by arbitrators, arbitration lawyers have not extensively investigated whether their negative understanding of ex aequo et bono can still be maintained in the current arbitration environment under the United Nations Commission on International Trade Law (UNCITRAL) Model Law regime. The main objective of this article is to suggest that arbitration lawyers’ negative understanding of ex aequo et bono is not supported by adequate legal research. This article analyses the literature on ex aequo et bono and identifies the gaps in the research.
  Content Type Journal Article
  Part of Volume 15, Issue 2
  Authors
  Nobumichi Teramura, Lecturer at the Adelaide Law School and Associate at the Centre for Asian and Pacific Law at the Sydney Law School, Australia.
  Journal Asian International Arbitration Journal
  Online ISSN 1574-3330
  Print ISSN 1574-3330
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Allowing the exclusion of set-aside proceedings: an innovative means of
enhancing singapore’s position as an arbitration hub
- Abstract: In some jurisdictions, parties who choose arbitration as a means of resolving their disputes can contractually waive the set-aside mechanism, thereby limiting the extent of judicial review that will be available after the award is issued. In recent years, parties and institutions have also shown an increasing interest in such contractual waivers because it is thought that reducing post-award challenges will increase the efficiency and finality of arbitration. However, the validity of contractual exclusions of set-aside proceedings remains a controversial issue. While some jurisdictions uphold the validity of such clauses, others have held that set-aside proceedings cannot be waived in advance, citing fundamental policy reasons. This paper analyses the reasons for each regime and explores whether laws that allow contractual exclusions of set-aside proceedings would be beneficial in the context of Singapore, particularly in enhancing its position as a choice seat for arbitration.
  Content Type Journal Article
  Part of Volume 15, Issue 2
  Authors
  Weiyi Tan, FSiArb, LL.M., Georgetown University Law Center, International Arbitration Scholar.
  Journal Asian International Arbitration Journal
  Online ISSN 1574-3330
  Print ISSN 1574-3330
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Ousting choice of law in international contracts: lessons from aramco case
- Abstract: This article examines the landmark Aramco case from a different perspective. It is not focusing on the outcome of the award, as the Saudi government lost this case and consequently prevents any arbitration against the government. Alternatively, this article focuses on ousting Islamic law as the choice of law clause. It thoroughly examines the argument favouring the “internationalisation” of contracts to prevent the application of the host state’s law of developing states. The tribunal decision bears many lessons worth nothing.
  Content Type Journal Article
  Part of Volume 15, Issue 2
  Authors
  Sarah Alshahrani, PhD researcher at the University of Leeds lecturer at Taibah University.
  Journal Asian International Arbitration Journal
  Online ISSN 1574-3330
  Print ISSN 1574-3330
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Arbitrating down under: highlights and lessons learned from 2018 to 2019
- Abstract: Australia is rapidly gaining ground as an attractive seat for international arbitration, particularly within the Asia-Pacific region. The last financial year saw Australia’s Courts taking steps towards further supporting the use of arbitration within Australia’s wider legal framework for dispute resolution. This article considers some of the highlights from the 2018 to 2019 financial year case law involving arbitration.
  Content Type Journal Article
  Part of Volume 15, Issue 2
  Authors
  Russell Thirgood , Partner, Arbitrator and Head of Arbitration, McCullough Robertson Lawyers
  Erika Williams, Senior Associate, McCullough Robertson Lawyers; Fellow, Chartered Institute of Arbitrators; Director, Arbitral Women.
  Journal Asian International Arbitration Journal
  Online ISSN 1574-3330
  Print ISSN 1574-3330
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Zenith drugs v. nicholas piramal: turning back the clock'
- Abstract:
  Content Type Journal Article
  Part of Volume 15, Issue 2
  Authors
  Abhishek Shivpuri, The author is an advocate registered with the Bar Council of India and practicing in Delhi, India.
  Journal Asian International Arbitration Journal
  Online ISSN 1574-3330
  Print ISSN 1574-3330
  PubDate: Thu, 26 Dec 2019 12:00:00 +000

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