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International Commercial Arbitration

International Commercial Arbitration

International Commercial Arbitration

An Asia-Pacific Perspective
Simon Greenberg, ICC International Court of Arbitration
Christopher Kee, City University of Hong Kong
J. Romesh Weeramantry, City University of Hong Kong
January 2011
Available
Paperback
9780521695701
$186.00
USD
Paperback
USD
eBook

    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.

    • This book focuses on the general principles of ICA while drawing on case law and relevant legislation from Australia, China, Hong Kong, India, Indonesia, Japan, Korea (Republic of), Malaysia, New Zealand, the Philippines and Singapore
    • Equips the reader to deal with many arbitration issues which are not dealt with (or are scarcely dealt with) in the various arbitration statutes
    • The book succinctly summarises the key features of a complex and evolving area of law and practice while not shying away from the more difficult or contentious issues

    Reviews & endorsements

    "While there are several practitioners' guides to specific Asia-Pacific jurisdictions, no single book addresses the region in a subject by subject text book style. This is what the authors have set out to achieve, and if I may say so, have done so most efficiently … In summary, this is a major work. I confidently expect that it will become an authoritative text on international commercial arbitration in the Asia-Pacific region, and that like other renowned works there will be future editions to come."

    - Australasian Dispute Resolution Journal, Vol. 22

    "A third merit of the book is that it is highly readable and therefore attractive to lawyers who are experienced in international commerce but neophytes to arbitration, and to students who are taking their first steps into international commercial arbitration … Whilst aimed particularly at an Asia-Pacific readership, this book is an invaluable addition to the bookshelves of all who are interested in international commercial arbitration, wherever in the world they may practise or study."

    - Asian Dispute Review

    " … the authors Greenberg, Kee and Weeramantry of International Commercial Arbitration – An Asia Pacific Perspective are to be congratulated on the publication of their excellent text, which is an outstanding introduction to the field of international commercial arbitration … It goes without saying, anyone who is interested in or practises in the area, should have a copy in their library."

    - Alex Baykitch, The ACICA News

    "After reading all 504 pages plus appendices of the work, I was perplexed. Why did I enjoy this book when I was already familiar with its basic subject matter …? The answer was that the book, … is a unique contribution to the field of international commercial arbitration; not merely Asia-Pacific regional commercial arbitration. … International Commercial Arbitration: An Asia-Pacific Perspective will now be one of those often cited books."

    - Khory McCormick, Proctor

    "This is a unique book...There are other books which have covered the arbitration laws of Asia‐Pacific countries, but this is the first book to approach international commercial arbitration on a thematic, rather than a country by country, basis. In short, ideal for students and indispensable for practitioners (at least to know what your opponent and the Tribunal will be reading)."

    - Michael Hwang, Transnational Dispute Management

    "This publication provides an excellent advanced introduction to key concepts as well as more controversial topics in international commercial arbitration... All legal practitioners in Australia dealing with cross-border business – surely by now a large proportion of practitioners – should have a copy. It is also the perfect textbook for the many advanced courses in international commercial arbitration now provided by Australian universities and arbitral institutions."

    - Australian Law Journal

    "There are many international commercial arbitration textbooks on the market, catering to readers of all levels, serving a variety of purposes. This volume, the latest entry into this rather crowded market, stands out because of its rather ambitious scope and theme...What distinguishes this book from other comparable publications is the in-depths discussions of each subject."

    - Arbitration, 77, Issue 3

    See more reviews

    Product details

    January 2011
    Paperback
    9780521695701
    582 pages
    229 × 152 × 30 mm
    0.77kg
    Available

    Table of Contents

    • Foreword
    • Preface
    • 1. Introduction to international arbitration and its place in the Asia-Pacific
    • 2. The law governing the arbitration and the role of the seat
    • 3. Applicable substantive law
    • 4. The arbitration agreement
    • 5. Arbitral jurisdiction
    • 6. The arbitral tribunal
    • 7. Procedure and evidence
    • 8. The award: Content and form
    • 9. The award: challenge and enforcement
    • 10. Investment treaty arbitration
    • Appendix 1. Asia-Pacific arbitral institutions at a glance
    • Appendix 2. Selected arbitral institutions
    • Appendix 3. List of UNCITRAL Model Law countries
    • Appendix 4. List of parties to the New York Convention 1958
    • Appendix 5. Selected list of Asia-Pacific arbitration legislation and instruments
    • Glossary
    • Index.
      Authors
    • Simon Greenberg , ICC International Court of Arbitration

      Simon Greenberg is Deputy Secretary General of the International Court of Arbitration.

    • Christopher Kee , Universität Basel, Switzerland and Deakin University, Victoria

      Christopher Kee is a Lecturer in Law at Deakin University and a consultant at Keelins Lawyers.

    • J. Romesh Weeramantry , City University of Hong Kong

      Romesh Weeramantry is Associate Professor at City University of Hong Kong. He teaches international commercial arbitration, investment treaty arbitration and international law.