The Asia-Pacific Arbitration Review 2022

The Asia-Pacific Arbitration Review 2022 contains insight and thought leadership inspired by recent events, from 35 pre-eminent practitioners. This edition covers Australia, Hong Kong, India, Malaysia, Singapore, Sri Lanka and Vietnam and has overviews on construction and infrastructure disputes in the region (including the effect of covid-19), the state of ISDS and what to expect there, and trends in commercial arbitration, as well as contributions by four of the more dynamic local arbitral providers.

Within this review, you will learn:

• force majeure is not necessarily the only option for project participants affected by covid-19, especially if the FIDIC suite is in the picture;
• Korea’s diaspora is known as its Hansang and more ‘international’ arbitrators are now accepting KCAB appointments (the number of KCAB ‘first-timers’ is up by 23 per cent);
• it has become far easier for foreign counsel and arbitrators to conduct cases in Thailand;
• there have been some strongly pro-arbitration decisions from the Philippines and Vietnam of late;
• Sri Lanka’s courts also seem to have turned a corner on avoiding excessive interference; and
• improvements in the arbitral environment in Vietnam are part of a concerted effort that began in 2015.

Published: June 2021

Chapters:

Overviews

• Choosing an arbitration model – why flexibility is key
  Damien Glenn Yeo
  Singapore Chamber of Maritime Arbitration
• Disputes in Asia-Pacific construction and infrastructure projects
  Craig Shepherd, Daniel Waldek and Mitchell Dearness
  Herbert Smith Freehills
• Innovating the future: recent changes and developments in global and regional arbitral institutions
  Sangyub (Sean) Lee and Ji Yoon (June) Park
  KCAB INTERNATIONAL
• International commercial arbitration in the time of covid-19
  Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center)
• Investment treaty arbitration in the Asia-Pacific: the impact of the CPTPP and the RCEP
  Tony Dymond, Cameron Sim and Benjamin Teo
  Debevoise & Plimpton LLP
• The rise of arbitration in the Asia-Pacific
  Andre Yeap SC, Kelvin Poon and Alessa Pang
  Rajah & Tann Singapore LLP
• Tashkent International Arbitration Centre – Uzbekistan’s new arbitral institution
  Diana Bayzakova, Yan Kalish, Charles Tay and Nodir Malikov
  Tashkent International Arbitration Centre

Country chapters:

• Australia
  Frank Bannon, Dale Brackin, Steve O’Reilly and Clive Luck
  Clayton Utz
• Hong Kong
  Peter Yuen, Olga Boltenko and Zi Wei Wong
  Fangda Partners
• India
  Vijayendra Pratap Singh, Abhijnan Jha and Arnab Ray
  AZB & Partners
• Japan
  Yoshimi Ohara, Kei Kajiwara and Annia Hsu
  Nagashima Ohno & Tsunematsu
  
• Malaysia
  Andre Yeap SC and Avinash Pradhan
  Rajah & Tann Singapore LLP
• Singapore
  Alvin Yeo SC, Sean Yu Chou and Wei Lee Lim
  WongPartnership LLP
• Sri Lanka
  Avindra Rodrigo
  F J & G de Saram
• Vietnam
  Nguyen Ngoc Minh, Nguyen Thi Thu Trang and Nguyen Thi Mai Anh
  Dzungsrt & Associates LLC