Abstract
2017 was a year of revision and innovation. The never-ending competition, collaboration and challenges correspond to the ever-changing demands, forces and practices in international arbitration. Legislative or judicial changes permitting third party funding (e.g. Singapore and Hong Kong) and ad hoc arbitration (e.g. China) coincide with institutional changes, whether in the form of revised rules or new rules, which provide for summary and/or expedited procedures, emergency arbitration and/or investment arbitration (e.g. SIAC, SCC, ICC, CIETAC, AIAC and CAA/CAAI). Together they increase the use of international arbitration by third party funders, financial institutions, investors and States. Technological innovations such as artificial intelligence and online arbitration (e.g. China Internet Arbitration Alliance) extend to other users of arbitration.
These changes nevertheless complicate continuing controversies such as confidentiality-versus-transparency, scrutiny, diversity, costs control, ethical regulation of arbitrators and practitioners, institutional and arbitral law-making. Challenging opportunities also arise from converging interests in the Asia-Pacific region or the Belt and Road Initiative, as well as from diverging interests in the Trans-Pacific Partnership Agreement after the US withdrawal. Reforms in litigation, mediation, conciliation and other dispute resolution mechanisms may cause further changes in their competition or integration with arbitration.
These changes nevertheless complicate continuing controversies such as confidentiality-versus-transparency, scrutiny, diversity, costs control, ethical regulation of arbitrators and practitioners, institutional and arbitral law-making. Challenging opportunities also arise from converging interests in the Asia-Pacific region or the Belt and Road Initiative, as well as from diverging interests in the Trans-Pacific Partnership Agreement after the US withdrawal. Reforms in litigation, mediation, conciliation and other dispute resolution mechanisms may cause further changes in their competition or integration with arbitration.
| Original language | English |
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| Publication status | Unpublished - May 2018 |
| Event | Asia ADR Week 2018: Discover the Difference: The Asian Experience - Malaysia Duration: 5 May 2018 → 7 May 2018 https://www.aiac.world/events/300/Asia-ADR-Week https://admin.aiac.world/uploads/event_file_20180416084028_71.pdf (Program) |
Conference
| Conference | Asia ADR Week 2018 |
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| Period | 5/05/18 → 7/05/18 |
| Other | The Asian International Arbitration Centre presents its inaugural edition of the ASIA ADR WEEK 2018. This conference promises to deliver the “Asian Experience”, tapping from a diverse and mixed culture of expertise and specializations from all over Asia and focusses on the demands and needs of Asian businesses. Spanning across three days, the ASIA ADR WEEK 2018 will cover key issues including the promotion of business and investment in Malaysia and how the ADR framework is designed to complement the expansion and growth expected from the commercial industry in the coming years with the anticipated economic boom. The ASIA ADR WEEK 2018 provides a platform to promote Asia, as a pivotal market given the plethora of multi and transnational trade agreements being formulated as we witness a shift of commercial focus to the East, with Asia being a continent that sits at the heart of all these trade agreements. Recognizing also that the construction industry represents a huge demographic of investments in infrastructure development and dispute resolution in Asia, the ASIA ADR WEEK 2018 includes an entire day dedicated to the construction industry at the CIPAA CONFERENCE, dealing specifically with statutory adjudication under the Construction Industry Payment and Adjudication Act 2012, developments arising from judicial pronouncements in respect thereof and the newly launched suite of Standard Form Contracts. |
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