Journal Article

Investment Arbitration in Asia: Five Perspectives on Law and Practice

Luke Nottage and J. Romesh Weeramantry

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 28, issue 1, pages 19-62
Published in print March 2012 | ISSN: 0957-0411
Published online September 2014 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbitration/28.1.19
Investment Arbitration in Asia: Five Perspectives on Law and Practice

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Despite the significant number of BITs or other investment treaties entered into by Asian nations, comparatively few investor-State arbitration proceedings involve Asian claimants or respondents. This article examines the reasons behind this low incidence of investment arbitrations involving Asian parties, particularly in contrast to the burgeoning numbers of investment arbitrations in other regions of the world. Theories developed to explain Japan's low domestic litigation rates are explored to ascertain if they can provide insights as to why relatively small numbers of Asia-related investor-State arbitrations have been instituted.

Journal Article.  18047 words.  Illustrated.

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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