Arbitration in Asia - Second Edition
Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes contributions by the area’s leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.
current UPDATE release 15
*Please note - Material originally found on the CD-ROM is now found at the end of this table of contents*
PDF of Title Page and T.O.C.
SUMMARY TABLE OF CONTENTS
Kristy Newby
Bounyasith Daopasith
Linna Seangly
Karan Joseph
Lauren Lindsay
National LEGISLATION APPENDICES
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[10.1] Chapter 609 Arbitration Ordinance
[10.1] Chapter 609 section 13(3) Arbitration Rules 2019 Amendment E-Legislation
[10.2] Order 73 of the Rules of the High Court
[10.3] UNCITRAL Arbitration Rules (2013)
[10.4] HKIAC Administered Arbitration Rules 2018
[10.4] HKIAC Administered Arbitration Rules 2015
[10.5(a)] Practice Note for the Challenge of an Arbitrator (effective
[10.5(b)] Practice Note on Consolidation of Arbitrations (effective 1 January 2016)
[10.5(c)] Practice Note on Arbitral Tribunal;s Fees, Expenses, Terms and Conditions
Based on Schedule 2 and Hourly Rates
[10.5(d)] Practice Note on Arbitral Tribunal’s Fees, Expenses, Terms
and Conditions Based on Schedule 3 and the Sum in Dispute
[10.5(e)} Practice Note on Appointment of Arbitrators
[10.5(f)] Practice Note on Costs of Arbitration, Based on Schedule
2 and Hourly Rates
[10.5(g)] Practice Note on Costs of Arbitration, Based on Schedule
3 and the Sum in Dispute
[10.5(h)] HKIAC Schedule of Fees_2015
[10.6] HKIAC Domestic Arbitration Rules (2014)
[10.7] HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules - 2015
[10.8] Rules as Appointing Authority: Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrators) Rules 2013
[10.9] Mediation Ordinance Chapter 620
[10.10] Apology Ordinance (Cap. 631)
[10.11] Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (English translation)
[10.11(a)] ---HKIAC Report on the PRC-HK Interim Measures Arrangement: Responses to Frequently Asked Questions
[10.11(b)} ---SPC_General Notes and Application Templates
Guidelines on the Conduct of On-line or Virtual Proceedings for CIAC Cases
[10.11] Guidelines on Arbitration of Intra-Corporate Disputes for Corporations
[10.1] Civil Procedures Code 2015 (in Vietnamese)
[10.2] Civil Procedures Code 2015 (in English)
[10.3] Amendment to Law on Enforcement of Civil Judgments (in Vietnamese)
[10.4] Amendment to Law on Enforcement of Civil Judgments (in English)
[10.5] Law on Enforcement of Civil Judgments (in Vietnamese)
[10.6] Law on Enforcement of Civil Judgments (in English)
[10.7] Arbitration Law 2010 -Law 54 on Commercial Arbitration (in Vietnamese)
[10.8] Arbitration Law 2010 - Law 54 on Commercial Arbitration (in English)
and The TAI Arbitration Rules (2017) (as amended in the third edition)
[10.5] The Thai Arbitration Institute Arbitrator's Fees, Cost and Expenses (TAI)
[10.6] The Thai Commercial Arbitration Rules (Thai Chamber of Commerce)
[10.7] The Thailand Arbitration Center Rules on Arbitration B. E. 2558 (THAC)
[9.2] Arbitration and Conciliation (Amendment ) Act, 2015
[9.3] Arbitration and Conciliation (Amendment) Act, 2019
PART Q - Australia
THE EDITORS
Michael J. Moser is a leading foreign specialist in Chinese business law. A member of the New York Bar, he has practiced law in China for more than 30 years and has advised on a number of ground-breaking commercial transactions. As a leading expert on the resolution of Chinese-foreign business disputes, he frequently acts as arbitrator in disputes between Asian parties and multinational corporations. He was the first foreign national to be appointed as an arbitrator in China; he is Honorary Chairman of the Hong Kong International Arbitration Centre (HKIAC), Vice President of the Asia Pacific Regional Arbitration Group (APRAG), Co-Chair of the China Arbitration Forum and a former Vice Chair of the IBA Committee on Arbitration. He is also a Court Member of the London Court of International Arbitration, a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce and a Commission Member of CIETAC.
Prior to his retirement in 2006, Michael Moser was China Managing Partner of Freshfields Bruckhaus Deringer. His extensive publications include the following: Investor-State Arbitration—Lessons for Asia; Duelling with Dragons: Managing Business Disputes in Today’s China; Hong Kong Arbitration: A User’s Guide; Arbitration in Asia; Hong Kong and China Arbitration; and International Arbitration in the People’s Republic of China: Commentary, Cases and Materials. He is a graduate of the Harvard Law School and holds a Ph.D. from Columbia University. Michael Moser is an arbitrator member of 20 Essex Street Chambers in London and Singapore and is based in Hong Kong.
Christopher To holds qualifications in computing, engineering and law. He is a recognized authority on alternative dispute resolution techniques and has over twenty-five years of extensive experience in arbitration and alternative dispute resolution ("ADR) including adjudication and mediation. He has acted as arbitrator, mediator and adjudicator in a variety of international business disputes ranging from construction, infrastructure projects, insurance, finance, aircraft maintenant, mining and energy transactions, investment, information technology, intellectual property, technology licensing, manufacturing of integrated circuit technology, and mergers and acquisitions and was previously the Secretary-General of the Hong Kong International Arbitration Centre. He is a chartered arbitrator, chartered engineer, chartered ifnormation technology professional, an accredited meditor and a barrister at law. Dr. To currently teaches at leading universities on the subjects of Alternative Dispute Resolution, International Construction Law, International Arbitration, Commercial Contracts and Mediation and has written extensively on the subject. He is the general editor of the textbook, "Wolters Kluwer Construction Arbitration in Hong Kong: A Practical Guide, " and the author of leaing textbooks "Butterworths Hong Kong Arbitration Law Handbook" and "Wolters Kluwer Mediation in Hong Kong: Law and Practice." Dr. To is currently the Chairperson of the Hong Kong Mediation Council, a division of the Hong Kong International Arbitration Centre and Chairperson of the Construction Dispute Resolution Committee of the Hong Kong Institution of Engineers.
THE CONTRIBUTORS
Thida Aye is a former Adviser to Township Court, under the Supreme Court of Myanmar. She is also a former Judge, Civil Township Court, Yangon Division, Union of Myanmar. She is now an Attorney at DFDL in Yangon, Myanmar. She is particularly interested in the law of projects relating to natural resources. Having written extensively about various aspects of the Myanmar legal system, she has recently published, with James Finch, an article on the law of hydropower in Myanmar.
Thayananthan Baskaran is an advocate and solicitor of the High Court of Malaya, Kuala Lumpur, and an associate member of Crown Office Chambers, London. His primary area of practice is construction law. He drafts various building and engineering contracts, advises on disputes arising from such contracts and appears as Counsel to resolve these disputes. Mr. Baskaran sits as an adjudicator, arbitrator and mediator. He is on the expert panel of the Dispute Board Federation Geneva, the list of the Hong Kong International Dispute Arbitration Centre, the panels of the Indonesian National Board of Arbitration, and of the Kuala Lumpur Regional Centre for Arbitration, the database of the London Court of International Arbitration, the panel of The Mediation Centre Dubai and the reserve panel of the Singapore International Arbitration Centre.
Mr. Baskaran is an editor of the Construction Law Digest and Construction Law International, and is the author of several publications on construction law and dispute resolution. He lectures at Brickfields Asia College, Kuala Lumpur, and is on the faculty of the Chartered Institute of Arbitrators, London.
Mr. Baskaran is the Chair of the Chartered Institute of Arbitrators, Malaysia Branch.
Educated at St John’s Institution, Kuala Lumpur, Mr. Baskaran read law at King’s College, London, and was called to the Bar by Gray’s Inn. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Malaysian Institute of Arbitrators, the Singapore Institute of Arbitrators, the Dispute Board Federation Geneva and the Malaysian Society of Adjudicators. He is an Incorporate of the Chartered Institute of Building, a Certified Adjudicator of the Kuala Lumpur Regional Centre for Arbitration, and an SMC Associate Mediator of the Singapore Mediation Centre.
Max Bonnell is a Partner at Henry William Lawyers in Sydney, Australia, where he specializes in commercial litigation and international arbitration. His work involves all forms of dispute resolution and spans a variety of fields including resources, telecommunications, contractual disputes, trade practices, banking, professional negligence, and Corporations Act disputes. He is experienced in mediation and arbitration as well as litigation in each of the major Australian jurisdictions. Much of his recent work has involved disputes concerning complex technological problems. Max Bonnell is a Fellow of the Chartered Institute of Arbitrators and a Fellow of the Australian Centre for International Commercial Arbitration. He has published and lectured extensively in the field of international arbitration. He regularly appears as an advocate before international tribunals. He has been named a leading individual in international arbitration by Chambers Global; a leading individual in the Who’s Who of International Commercial Arbitration, and a leading individual in Dispute Resolution in Legal 500. The Australian Disputes Centre has named him as the leading International Dispute Resolution practitioner in Australia. He is an Adjunct Professor of Law at Sydney University, where he teaches International Commercial Arbitration.
Tien Bui has been with Freshfields Vietnam offices since 2002 and is the first ever Vietnamese lawyer elected to the Freshfields partnership. He is widely recognised as a top-tier corporate and finance lawyer in Vietnam. Mr. Bui has established a reputation among his clients as an effective and commercially minded lawyer who represents the client’s best interests. Fluent in both Vietnamese and English. He is also known as an effective communicator with an ability to present complex legal issues to his clients and the counterparties.
David C. Buxbaum is the Senior Counsel at Anderson & Anderson LLP. He has been active in China since 1972 and Mongolia since 1992. He was the first American lawyer invited to China to represent American business interests in 1972, after President Nixon’s historic visit. Mr. Buxbaum has been active in litigation and arbitration. He has served as counsel in numerous arbitration proceedings in Hong Kong, Sweden, Singapore, China, the United States of America, and Mongolia. He represented the successful respondents before the United States Supreme Court in the landmark case of Butz v Economou and successfully handled a leading IP case in China, namely Microsoft vs. Juren. Mr. Buxbaum has been very active in mining and energy projects and is Honorary Counsel to the Independent Power Producers Forum (IPPF) since 2000. He is a well-regarded expert on private international and Asian law, including Mongolian law, who, in addition to being an experienced and highly respected practitioner, has also published extensively in the field.
Andrew Chan is a Partner in Litigation & Dispute Resolution at Allen & Gledhill LLP. He is a specialist in dispute resolution (especially arbitration), trusts, and insolvency. In arbitration, he has acted as Counsel, Arbitrator and Expert on Singapore law. He is a Fellow of the Singapore Institute of Arbitrators (as well as being on its panel of tutors), a Fellow of the Chartered Institute of Arbitrators and a Director of the Singapore incorporated American Arbitration Association-ICDR Ltd. Mr. Chan is on several arbitration panels. He is an author and editor of several legal texts and has written over seventy articles covering many areas of the law and has contributed to various publications.
Lasonexay Chanthavong received his Bachelor of Laws (LL.B.) from the National University of Laos and Master of Laws (LL.M.) from Yokohama National University, Japan. He is a member of the Lao Bar Association and has worked for DFDL as a Senior Legal and Tax Adviser since 2003. Prior to this he was a consultant in the Tax and Legal Service Division of KPMG’s Lao PDR, Vientiane Office. He speaks Lao, English and Thai.
Yancy Cottrill is currently the Managing Director of Business Operations and Senior Legal Counsel at an IT firm located in Mostar, Bosnia & Herzegovina. He previously worked as an attorney in the Ulaanbaatar office of Anderson & Anderson LLP. He is admitted to the New York Bar and the State Bar Association of North Dakota. He graduated from Central European University in Budapest with an LL.M in International Business Law, and earned his Juris Doctorate from the David A Clarke School of Law at the University of the District of Columbia. He has published articles on the applicability of UCC Article 6 in the emerging markets of post-communist countries, mining capital markets in Mongolia, and current events in Mongolian arbitration. Mr. Cottrill has legal experience in the post-communist emerging markets working and studying in Russia, Ukraine, Hungary, and Bosnia & Herzegovina. He also served two years as a staff attorney for the Congress of the Federated States of Micronesia.
Bounyasith Daopasith received his Bachelor Law from the National University of Laos and a Master of International Trade and Business from the Nalsar University of Law in Hyderabad, India. He is currently a Legal Adviser with DFDL (Lao) Sole Co. Ltd where he focuses his practice on corporate and commercial law, employment law, real estate, and dispute resolution. As an experienced practitioner having advised on two major proposed listings on the Lao Stock Exchange, he advises on securitization and stock market regulations. Bounyasith Daopasith also has considerable experience in advising on real estate investments in the tourism and retail sectors.
Kabir Duggal is an attorney in Arnold and Porter's New York office focusing on international arbitration and public international law matters, serving both as arbitrator and mediator. He is recognized as a “Chartered Arbitrator” (the highest ranking for arbitrators) by both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. He also frequently serves as an expert on international arbitration and public international law matters. Dr. Duggal is also a Lecturer-in-Law at Columbia Law School, an adjunct Professor at Fordham Law School, and a Course Director and a Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries (UN-OHRLLS) on the creation of a novel “Investment Support Program.” Dr. Duggal works closely with the U.S. Department of Commerce's Commercial Law Development Program (CLDP) as an expert and has undertaken capacity-building workshops in Georgia, Kosovo, Bosnia & Herzegovina. He has also conducted training and capacity-building sessions for several Governments including Colombia, Saudi Arabia, Myanmar, India, Philippines among others on public international law and dispute resolution matters. He also serves on the Federal Republic of Somalia’s New York Convention Task Force as well as the WTO Negotiating Team (International Board). Dr. Duggal has published over 60 articles and has spoken at over 300 arbitration events all over the world. He is a passionate advocate for diversity, equity, and inclusion issues and frequently writes and speaks on these issues. Dr. Duggal is the Co-Founder of REAL (Racial Equality for Arbitration Lawyers), a non-profit seeking to create greater representation in international arbitration. He is a graduate of the University of Mumbai, University of Oxford (DHL-Times of India Scholar), NYU School of Law (Hauser Global Scholar), Leiden Law School (2019 CEPANI Academic Prize), and is currently pursuing an SJD Degree from Harvard Law School. Dr. Duggal is admitted to practice law in New York, District of Columbia, England & Wales (as a Barrister), and in India.
James Finch was raised in the United States and Asia, educated in the United States and served in the U.S. foreign service, where he was posted to various locations in Latin America. Early in his law career he practiced in Tehran, New York, and Santo Domingo. Later he returned to Asia, first to practice in Vietnam, then as the Resident Partner of Myanmar Thanlwin Legal Services, Ltd. in Myanmar, now DFDL, where he has lived for over fifteen years. His practice encompasses financial transactions, infrastructure projects, mining, oil and gas, and a wide variety of other civil and commercial matters.
Gu Weixia was born and grew up in Shanghai. She obtained her LLB from East China University of Political Science and Law, and MCL and SJD degrees from the University of Hong Kong. She is an Associate Professor at the Faculty of Law, University of Hong Kong. Dr. Gu is an Articles Editor of the Hong Kong Law Journal, and also serves as the Deputy Director of the Center for Chinese Law at the University of Hong Kong. Prior to joining academia, she was the youngest recipient in Hong Kong of the U. S. Dept. of State’s prestigious Fulbright Award and was selected as an Honorary Young Fellow of the New York University School of Law. Dr. Gu has been consulted on the revision of the arbitration rules in China, such as those of CIETAC, and the more locally-based Shanghai and Shenzhen Arbitration Commissions. She has published widely on arbitration development in China as well as on the Chinese judiciary in leading publications in English, among them, Asian Courts in Context (Cambridge University Press, 2014), and is the author of the book, Arbitration in China: Regulation of Arbitration Agreements and Practical Issues (Sweet & Maxwell, 2012).
Rupert Haw is a past Country Managing Director and a consultant of DFDL’s Lao PDR practice. He has outstanding experience in telecommunications, corporate finance and M&As in South East Asia and has strong credentials in regulatory and operational risk management in emerging markets. Mr. Haw also has sound experience in dispute resolution and has represented numerous firms in contentious proceedings in both the superior and lower courts. He also has a strong interest in private commercial arbitration.
Mr. Haw was admitted as an attorney of the High Court of South Africa in 1997 and holds a B. Proc. (University of Natal, South Africa). Previously, he was a Senior Manager of Big4 Forensic and Dispute Services department where he was responsible for managing a number of major investigations into fraud and corruption for the private sector and law enforcement agencies in both Africa and the United States.
Michael Hwang, S.C. currently practises as an international arbitrator and mediator based in Singapore. He sits as arbitrator in domestic and international disputes, including investment treaty disputes and sports arbitrations, under a wide variety of arbitral rules. He was the Chief Justice of the Dubai International Financial Centre Courts from 2010 to 2018 (having served as Deputy Chief Justice since 2005). His other past appointments include: Vice Chairman of the ICC International Court of Arbitration, Vice President of the International Council for Commercial Arbitration, member of the Permanent Court of Arbitration, Court Member of the London Court of International Arbitration, panel member on the International Centre for Settlement of Investment Disputes Panel, and Trustee of the Dubai International Arbitration Centre. He has also served as a United Nations Compensation Commissioner, Vice-Chair of the International Bar Association’s Arbitration Committee, as well as Council Member of International Council of Arbitration for Sport. He has been Singapore’s Non-Resident Ambassador to Switzerland and Argentina, a Judicial Commissioner (fixed-term High Court Judge) of the Supreme Court of Singapore, and President of the Law Society of Singapore. He was educated at undergraduate and postgraduate levels at Oxford University, and has been conferred an Honorary LLD by the University of Sydney.
Karan Joseph is a Partner in the Dispute Resolution practice at Shardul Amarchand Mangaldas & Co. In addition to a robust arbitration practice, he regularly advises on matters relating to Constitutional Law, Commercial Law, Technology and Media Disputes. He appears frequently before the High Court of Karnataka, in addition to appearing before Courts, statutory Tribunals, quasi-judicial authorities and Arbitral Tribunals across jurisdictions. An alumnus of Columbia Law School (LL.M.), he is a Registered Foreign Lawyer with the Singapore International Commercial Court and was recently recognised by the Indian Business Law Journal as one of India’s Future Legal Leaders – 2023. He contributes frequently to national and international publications on Arbitration, developments in domestic law, and speaks regularly at seminars and conferences in India and abroad, on invitation. As part of his active pro bono practice, he represents several minor victims of sexual assault in proceedings seeking the termination of their pregnancies. He is an Adjunct Faculty at the National School of Journalism and Public Discourse, where he teaches a post graduate course on Law and Media. He is also the Managing Trustee of the General K.S. Thimayya Memorial Trust, that hosts India’s premium annual lecture series.
Kap-You (Kevin) Kim is a senior founding partner of Peter & Kim and heads the firm's Seoul office. Previously, he was a senior partner at Bae, Kim & Lee LLC, where he worked for over three decades in various roles, including as the co-founder and head of the International Arbitration Practice and the head of the Domestic and International Disputes Group. Mr. Kim has acted as counsel, presiding arbitrator, co-arbitrator and sole arbitrator in close to 300 international arbitrations under all the major institutional rules. His practice involves representing both states and corporation in international disputes across various fora and arising from a wide range of industries. He is a Vice President of the ICC Court, Advisory Board Member of the International Council for Commercial Arbitration (ICCA), Council Member of the American Arbitration Association, and Chairman of the Korean Commercial Arbitration Board's (KCAB) International Arbitration Committee. He also holds a number of other prominent positions, including that of a member of the Panel of Arbitrators at ICSID, and an editorial board member of the Global Arbitration Review. He has served as the Secretary-General of the ICCA from 2010 to 2014, a court member in the LCIA Court from 2007 to 2012, and the Vice-Chair of the IBA Arbitration Committee from 2008 to 2010. Mr. Kim is a graduate of the Seoul National Univerity College of Law (LLB, LLM) and Harvard Law School (LLM). He is a member of the Korean and Seoul Bar Association and is also admitted to practice law in the state of New York. He has authored a number of publications on international law, international arbitration among other areas. He is conversant i Korean (native), English (fluent), and Japanese (conversational).
Mealy Khieu is a Partner of SokSiphana&associates, a member of ZICOLaw. Ms. Khieu also covers litigation, arbitration, and commercial disputes and corporate concerns. She is the founding member of the National Commercial Arbitration Center (NCAC) and was elected as the first Executive Board member. In March 2019, she was elected Vice President of NCAC. Her practice includes domestic and international investment advice, real estate commercial banking. and intellectual property She holds a dual Master University Libre de Brussels (ULB) and from Royal University of Law and Economics in collaboration with University of Montreal, University of Geneva and French Cooperation Center, Phnom Penh. She holds a Bachelor of Law, National Institute of Management and Royal University of Law and Economics, Phnom Penh and is the registered lawyer with the Bar Association of the Kingdom of Cambodia. She is also an authorized Trade Mark Agent recognized by the Ministry of Commerce of Cambodia.
Anna Kirk is a commercial arbitrator, adjudicator and barrister, specialising in international arbitration and public international law. Dr. Kirk is New Zealand’s member on the ICC International Court of Arbitration (2021–24) and sits on the Council of the Arbitrators’ and Mediators’ Institute of New Zealand. She is a Fellow of the Chartered Institute of Arbitrators. Dr. Kirk has been working in arbitration for over 15 years as counsel, arbitrator and tribunal secretary. She has significant experience in arbitrations under the ICC, UNCITRAL, ICSID, LCIA and SIAC Rules. Dr. Kirk practised in London before returning to New Zealand in 2011 to work with Sir David Williams KC.
Nigel N.T. Li and Angela Y. Lin are Partners in the international law firm Lee & Li, Taipei, Taiwan.
Lauren Lindsay is a barrister and arbitrator based in the Asia-Pacific region. She acts as counsel in all forms of dispute resolution, including commercial litigation and arbitration, investment treaty disputes and in mediations. Ms. Lindsay also accepts appointments as arbitrator. She is dual-qualified in law and science, with particular expertise in disputes arising in the life sciences, insurance, ICT and renewables sectors. Ms. Lindsay is admitted to practice in New Zealand and England & Wales. She is ranked as a commercial litigator in Chambers & Partners, Legal 500 and Who’s Who Legal. She is a Fellow of CIArb, ACICA and AMINZ. Ms. Lindsay is a bilingual French and English speaker. Prior to returning to the independent bar in 2019, she spent over seven years with a global law firm’s international arbitration group in London.
Nicholas Lingard is a partner at Freshfields Bruckhaus Deringer in Singapore and the head of their International Arbitration group for Asia-Pacific. He is an experienced international arbitration counsel and advocate and leads one of the most active treaty arbitration practices in Asia, representing both investors and states, in high-profile, politically complex cases around Asia and the world. Mr. Lingard represents clients in commercial disputes across a variety of industries, under all the major arbitral rules, including ICC, SIAC, UNCITRAL, HKIAC, AAA and NAI, and under all major systems of law. He also frequently assists clients with public international law advice, including to structure investments for the protections provided by bilateral investment treaties. Mr. Lingard is recognised as a leading international arbitration practitioner by all major directories. He is ranked in Band 1 of international arbitration in Singapore by Chambers & Partners and as Band 1 "Leading Individual" for arbitration in Singapore by Legal 500.
A former law clerk to the Chief Justice of Australia, he was educated at the University of Queensland, where he received University Medals in law and Japanese, and Harvard Law School, where he was a Frank Knox Memorial Fellow. He is admitted to practise in New York and New South Wales, Australia. Mr. Lingard speaks English and Japanese, and was appointed to the Singapore International Arbitration Centre Users Council in September 2015. He is a Registered Foreign Lawyer entitled to appear before the Singapore International Commercial Court.
Karen Mills has practiced in Indonesia for over 37 years and is one of the Founders of the KarimSyah Law Firm in Jakarta. Ms. Mills is a Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators (“CIArb”) and of the Singapore and Hong Kong Institutes, and Founder and former Co-chair of the Indonesian Chapter of CIArb, and member of the Main Committee of the East Asia Branch of CIArb. Ms. Mills is on the panel of arbitrators of most arbitral institutions in the region, including those of China, Malaysia, Singapore, Hong Kong, Korea, New Zealand and the Philippines, as well as Indonesia; she also serves as a Domain Name Panelist under ADNDRC, Hong Kong, Beijing and Seoul. Ms. Mills sits on the First Appointing Authority of the Chinese-European Arbitration Centre, the Advisory Council of ArbitralWomen and the Editorial Board of the Journal of World Energy Law and Business, among others. She sits as arbitrator throughout Asia and the Pacific, as well as in the US, and has successfully served as lead counsel for the Indonesian Government in several Investor-State arbitrations. A graduate of New York University School of Law and a Member of the New York bar, Ms. Mills commenced her legal career with Haight, Gardner Poor & Havens specialising in maritime and aviation financing. Her primary fields of expertise include investor-state disputes,banking, financing and restructuring, oil, gas, mining and energy matters, insurance, hospitality, information technology and general cross-border transactions. An approved Tutor for all levels of CIArb training and coach and arbitrator of the Vis East and other Moot competitions, she teaches, speaks and writes extensively on arbitration and other matters around the world, and has published well over 150 papers in international professional books and journals.
Cristina A. Montes is a lawyer who was admitted to the practice of law in the Philippines in 2007. She is a Partner at the Hildawa & Montes Law Offices and is a member of the Philippine Dispute Resolution Center, Inc. (PDRCI). She is also currently a professional lecturer at the San Beda Graduate School of Law and the University of Asia and the Pacific Institute of Law. Previously, she was a law clerk for then-Associate Justice Conchita Carpio-Morales of the Philippine Supreme Court (2005-2009), a research assistant at the University of the Philippines Law Center Institute of International Legal Studies (1998-2001), and a Legislative Staff Officer at the House of Representatives Committee on Economic Affairs (1997). She obtained her A.B. from the University of Asia and the Pacific in 1997, her Ll.B. at the University of the Philippines in 2005, and her Master en Derecho de la Globalización e Integración Social from the Universidad de Navarra in Pamplona, Spain. In 2022, she obtained her Doctor of Juridical Science degree from the San Beda University Graduate School of Law.
Tatsuya Nakamura obtained B.E. from the University of Osaka Prefecture in 1980, LL.B. from Keio University in Tokyo in 1993 and LL.M. from the University of Tsukuba in Tokyo in 1996. He is Professor at the Faculty of Law, Kokushikan University in Tokyo.
Fali S. Nariman is a Senior Advocate of the Supreme Court of India; President Emeritus of the Bar Association of India, Honorary President of the ICCA (International Council of Commercial Arbitration); and Vice-Chairman of the ICC International Court of Arbitration in Paris from 1989 till December 2005.
Kristy Newby has 16 years' experience practicing as a solicitor in the Lao PDR, Vietnam and Australia. In both Laos and Vietnam, Ms. Newby has advised private and public companies, financial institutions and investors on corporate and commercial matters, with a focus on mergers and acquisitions and foreign direct investment. In the Lao PDR, she has also advised on project finance deals, advising sponsors and lenders on a number of domestic and cross-border power projects. Additionally, Ms. Newby has substantial experience advising potential investors, existing operators and regulatory authorities in the mining sectors in the Mekong region.
Custodio O. Parlade is a lawyer who was admitted to the practice of law in the Philippines in 1960. He is a Trustee of the Philippine Institute of Construction Arbitrators and Mediators, Inc., and the Chairman of its Committee Revising Construction Industry Arbitration Commission (CIAC) Rules of Procedure. He is also a regular lecturer on domestic and international commercial arbitration in the Mandatory Continuing Legal Education (MCLE) seminars for the University of the Philippines Institute of Judicial Administration, Arellano University, Ateneo de Manila University, the Integrated Bar of the Philippines, and other MCLE providers. He has been included in the Who’s Who List of International Arbitrators as one of three (3) arbitrators from the Philippines since 2008 and now in the Global Arbitration Review 2016. He is an accredited arbitrator of the CIAC. Outside of the CIAC he has arbitrated several cases under the rules of the International Chamber of Commerce (ICC), and under the rules of the PDRCI. Until 2014, he was the representative of ICC Philippines to the ICC International Court of Arbitration. He is included in the list of arbitrators of the BANI Arbitration Center (Indonesia), the Singapore International Arbitration Centre, and lately, the Kuala Lumpur Regional Arbitration Center. He has authored several publications on arbitration.
Linna Seangly is an Associate of Sok Siphana & Associates. She advises foreign and domestic investors on Cambodian commercial and construction arbitration cases and assists her supervisors in litigation- related proceedings. Ms. Seangly has extensive experience in conducting legal research and analysis, and in drafting relevant submissions in arbitration proceedings before the National Commercial Arbitration Centre of Cambodia (NCAC). She holds a dual degree in English Based Bachelor of Law and International Relations from the Royal University of Law and Economics. She was ranked among the top 5 students in her class and was selected to defend her thesis for the International Relations degree. She was a runner-up candidate in the Jessup Mock Moot Court Competition hosted by the Royal University of Law and Economics. She advanced to the semi-final round in the Commercial Arbitration Moot Competition organized by the National Commercial Arbitration Centre. She was also selected to represent her school in the Tun Suffian Moot Court Competition in Malaysia. She has successfully completed her Commercial Arbitration Skills Training Course organized by the National Commercial Arbitration Centre and is on her way to becoming a qualified registered arbitrator in Cambodia.
Ramesh Selvaraj is a Partner in the Litigation and Dispute Resolution department of Allen & Gledhill LLP and is the Co-Deputy Head of the Firm's International Arbitration Practice. He has experience in a wide range of commercial disputes and has a keen interest in international arbitration. He is a Fellow of the Singapore Institute of Arbitrators as well as an accredited mediator with the Singapore Mediation Centre. He is also presently the Co-Chair of the Young Singapore International Arbitration Centre Committe formed under the auspices of the Singapore International Arbitration Centre.
Pralakorn Siwawej, an accomplished Senior Associate in the Litigation and Arbitration Practice Group at Weerawong C&P, the former Bangkok office of White & Case, in Thailand, specializes in all aspects of commercial dispute resolution, including alternative dispute resolution (ADR). A Member of The Chartered Institute of Arbitrators (MCIArb), he has amassed a wealth of experience in advising both local and international clients on an array of litigation and arbitration disputes, emerging as an effective litigator in numerous high-profile cases. His proficiency encompasses diverse areas of Thai law such as construction, class action lawsuits, project development, joint ventures, hospitality and real estate, intellectual property, employment, and other commercial disputes. Prior to joining Weerawong C&P, Mr. Siwawej honed his skills at prominent international law firms in Thailand. The Legal 500 recognized his expertise, naming him a Rising Star in the dispute resolution area in Thailand from 2019 to 2022. Additionally, he earned a spot in the Asia Super 50 Disputes Lawyers edition of Asian Legal Business, Thomson Reuters, in 2021. He holds an LL.M. from the prestigious London School of Economics and Political Science in the UK.
Billie Jean Slott is currently an Assistant Professor of Law at American University of Phnom Penh and Director of Student Affairs. Formerly she was the Administrative Director of the Proasia Legal Solutions Office Of Counsel to the firm of Sciaroni and Associates, located in Phnom Penh. Her areas of practice are litigation, arbitration, oil and gas, exploration and mining. She was appointed by the Minister of Commerce to serve as a Commissioner on the Selection and Inception Commission of the National Arbitration Center and is an advisor to the NCAC. She was lead Onshore Counsel for the Royal Government of Cambodia and Electricité du Cambodge in relation to a multi-million dollar international ICSID arbitration conducted at The Hague. She is a Founding Member of the Cambodian Association of Mining and Exploration Companies and a Member of the California bar. She has been practicing law in Southeast Asia for over twelve years.
David W. Su is the Director of Intellectual Property Division at Taiwan Semiconductor Manufacturing Company, Ltd.
Yasuhei Taniguchi obtained LL.B., 1957, Kyoto University, LL.M., 1963, University of California, Berkeley, J.S.D., 1964, Cornell University, was Professor of Law at Kyoto Univ. till 1998; Teikyo Univ. till 2000; Tokyo Keizai Univ. till 2006 and Senshu University Law School in Tokyo till 2009. He was President of Japan Arbitrators Association till 2013; Council Member of ICCA 1990-2011; Council Member of ICC Institute of World Business Law till 2006, Member of the Appellate Body of the WTO (2000-2007, Chairman 2004-2005). He was a Fellow of the Chartered Institute of Arbitrators, and served as Chairman of the Special Advisory Committee of JCAA. He was active till 2020 as the Chairman of Investment Transactions Overseeing Committee of the Bank of Japan and a judge of Singapore International Commercial Court. Mr. Taniguchi is Of Counsel to the law firm Matsuo & Kosugi in Tokyo.
Suphamit Watnoppakhun, an associate in the litigation and arbitration practice group at Weerawong C&P, the former Bangkok office of White & Case, has distinguished himself in the field of arbitration. Graduating with an LL.B. (First Class Honors) from Chulalongkorn University and attaining professional licenses as a Lawyer and Notarial Services Attorney from the Lawyers Council Under the Royal Patronage, both in 2021,
Mr. Watnoppkhun has extensive experience representing clients in arbitral cases at premier institutions like the Thai Arbitration Institute (TAI)
and the Thailand Arbitration Center (THAC), as well as handling the subsequent arbitration-related court proceedings. His expertise spans commercial law, domestic and international arbitration, and criminal law, allowing him to successfully represent clients from diverse industries in complex dispute resolution matters. He also serves as a trusted advisor to major Chinese clients across a broad spectrum of industries, skillfully combining his deep legal knowledge with hands-on commercial insights to deliver exceptional results.
"Arbitration in Asia is a publication that makes a significant contribution to the field of international arbitration by providing detailed information on arbitration law, practice and procedure in one of the world's fastest-developing areas. This looseleaf volume will be of benefit not only to the specialists in international arbitration such as lawyers and arbitrators, but also to the businessmen and others involved in cross-border trade in Asia.
Michael Moser and his team of Contributors are to be congratulated on producing this important work: a work whose importance is likely to increase in coming years."
-Arbitration (The Journal of the Chartered Institute of Arbitrators); Reviewed by Anthony Connerty
THE EDITORS
Michael J. Moser is a leading foreign specialist in Chinese business law. A member of the New York Bar, he has practiced law in China for more than 30 years and has advised on a number of ground-breaking commercial transactions. As a leading expert on the resolution of Chinese-foreign business disputes, he frequently acts as arbitrator in disputes between Asian parties and multinational corporations. He was the first foreign national to be appointed as an arbitrator in China; he is Honorary Chairman of the Hong Kong International Arbitration Centre (HKIAC), Vice President of the Asia Pacific Regional Arbitration Group (APRAG), Co-Chair of the China Arbitration Forum and a former Vice Chair of the IBA Committee on Arbitration. He is also a Court Member of the London Court of International Arbitration, a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce and a Commission Member of CIETAC.
Prior to his retirement in 2006, Michael Moser was China Managing Partner of Freshfields Bruckhaus Deringer. His extensive publications include the following: Investor-State Arbitration—Lessons for Asia; Duelling with Dragons: Managing Business Disputes in Today’s China; Hong Kong Arbitration: A User’s Guide; Arbitration in Asia; Hong Kong and China Arbitration; and International Arbitration in the People’s Republic of China: Commentary, Cases and Materials. He is a graduate of the Harvard Law School and holds a Ph.D. from Columbia University. Michael Moser is an arbitrator member of 20 Essex Street Chambers in London and Singapore and is based in Hong Kong.
Christopher To holds qualifications in computing, engineering and law. He is a recognized authority on alternative dispute resolution techniques and has over twenty-five years of extensive experience in arbitration and alternative dispute resolution ("ADR) including adjudication and mediation. He has acted as arbitrator, mediator and adjudicator in a variety of international business disputes ranging from construction, infrastructure projects, insurance, finance, aircraft maintenant, mining and energy transactions, investment, information technology, intellectual property, technology licensing, manufacturing of integrated circuit technology, and mergers and acquisitions and was previously the Secretary-General of the Hong Kong International Arbitration Centre. He is a chartered arbitrator, chartered engineer, chartered ifnormation technology professional, an accredited meditor and a barrister at law. Dr. To currently teaches at leading universities on the subjects of Alternative Dispute Resolution, International Construction Law, International Arbitration, Commercial Contracts and Mediation and has written extensively on the subject. He is the general editor of the textbook, "Wolters Kluwer Construction Arbitration in Hong Kong: A Practical Guide, " and the author of leaing textbooks "Butterworths Hong Kong Arbitration Law Handbook" and "Wolters Kluwer Mediation in Hong Kong: Law and Practice." Dr. To is currently the Chairperson of the Hong Kong Mediation Council, a division of the Hong Kong International Arbitration Centre and Chairperson of the Construction Dispute Resolution Committee of the Hong Kong Institution of Engineers.
THE CONTRIBUTORS
Thida Aye is a former Adviser to Township Court, under the Supreme Court of Myanmar. She is also a former Judge, Civil Township Court, Yangon Division, Union of Myanmar. She is now an Attorney at DFDL in Yangon, Myanmar. She is particularly interested in the law of projects relating to natural resources. Having written extensively about various aspects of the Myanmar legal system, she has recently published, with James Finch, an article on the law of hydropower in Myanmar.
Thayananthan Baskaran is an advocate and solicitor of the High Court of Malaya, Kuala Lumpur, and an associate member of Crown Office Chambers, London. His primary area of practice is construction law. He drafts various building and engineering contracts, advises on disputes arising from such contracts and appears as Counsel to resolve these disputes. Mr. Baskaran sits as an adjudicator, arbitrator and mediator. He is on the expert panel of the Dispute Board Federation Geneva, the list of the Hong Kong International Dispute Arbitration Centre, the panels of the Indonesian National Board of Arbitration, and of the Kuala Lumpur Regional Centre for Arbitration, the database of the London Court of International Arbitration, the panel of The Mediation Centre Dubai and the reserve panel of the Singapore International Arbitration Centre.
Mr. Baskaran is an editor of the Construction Law Digest and Construction Law International, and is the author of several publications on construction law and dispute resolution. He lectures at Brickfields Asia College, Kuala Lumpur, and is on the faculty of the Chartered Institute of Arbitrators, London.
Mr. Baskaran is the Chair of the Chartered Institute of Arbitrators, Malaysia Branch.
Educated at St John’s Institution, Kuala Lumpur, Mr. Baskaran read law at King’s College, London, and was called to the Bar by Gray’s Inn. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Malaysian Institute of Arbitrators, the Singapore Institute of Arbitrators, the Dispute Board Federation Geneva and the Malaysian Society of Adjudicators. He is an Incorporate of the Chartered Institute of Building, a Certified Adjudicator of the Kuala Lumpur Regional Centre for Arbitration, and an SMC Associate Mediator of the Singapore Mediation Centre.
Max Bonnell is a Partner at Henry William Lawyers in Sydney, Australia, where he specializes in commercial litigation and international arbitration. His work involves all forms of dispute resolution and spans a variety of fields including resources, telecommunications, contractual disputes, trade practices, banking, professional negligence, and Corporations Act disputes. He is experienced in mediation and arbitration as well as litigation in each of the major Australian jurisdictions. Much of his recent work has involved disputes concerning complex technological problems. Max Bonnell is a Fellow of the Chartered Institute of Arbitrators and a Fellow of the Australian Centre for International Commercial Arbitration. He has published and lectured extensively in the field of international arbitration. He regularly appears as an advocate before international tribunals. He has been named a leading individual in international arbitration by Chambers Global; a leading individual in the Who’s Who of International Commercial Arbitration, and a leading individual in Dispute Resolution in Legal 500. The Australian Disputes Centre has named him as the leading International Dispute Resolution practitioner in Australia. He is an Adjunct Professor of Law at Sydney University, where he teaches International Commercial Arbitration.
Tien Bui has been with Freshfields Vietnam offices since 2002 and is the first ever Vietnamese lawyer elected to the Freshfields partnership. He is widely recognised as a top-tier corporate and finance lawyer in Vietnam. Mr. Bui has established a reputation among his clients as an effective and commercially minded lawyer who represents the client’s best interests. Fluent in both Vietnamese and English. He is also known as an effective communicator with an ability to present complex legal issues to his clients and the counterparties.
David C. Buxbaum is the Senior Counsel at Anderson & Anderson LLP. He has been active in China since 1972 and Mongolia since 1992. He was the first American lawyer invited to China to represent American business interests in 1972, after President Nixon’s historic visit. Mr. Buxbaum has been active in litigation and arbitration. He has served as counsel in numerous arbitration proceedings in Hong Kong, Sweden, Singapore, China, the United States of America, and Mongolia. He represented the successful respondents before the United States Supreme Court in the landmark case of Butz v Economou and successfully handled a leading IP case in China, namely Microsoft vs. Juren. Mr. Buxbaum has been very active in mining and energy projects and is Honorary Counsel to the Independent Power Producers Forum (IPPF) since 2000. He is a well-regarded expert on private international and Asian law, including Mongolian law, who, in addition to being an experienced and highly respected practitioner, has also published extensively in the field.
Andrew Chan is a Partner in Litigation & Dispute Resolution at Allen & Gledhill LLP. He is a specialist in dispute resolution (especially arbitration), trusts, and insolvency. In arbitration, he has acted as Counsel, Arbitrator and Expert on Singapore law. He is a Fellow of the Singapore Institute of Arbitrators (as well as being on its panel of tutors), a Fellow of the Chartered Institute of Arbitrators and a Director of the Singapore incorporated American Arbitration Association-ICDR Ltd. Mr. Chan is on several arbitration panels. He is an author and editor of several legal texts and has written over seventy articles covering many areas of the law and has contributed to various publications.
Lasonexay Chanthavong received his Bachelor of Laws (LL.B.) from the National University of Laos and Master of Laws (LL.M.) from Yokohama National University, Japan. He is a member of the Lao Bar Association and has worked for DFDL as a Senior Legal and Tax Adviser since 2003. Prior to this he was a consultant in the Tax and Legal Service Division of KPMG’s Lao PDR, Vientiane Office. He speaks Lao, English and Thai.
Yancy Cottrill is currently the Managing Director of Business Operations and Senior Legal Counsel at an IT firm located in Mostar, Bosnia & Herzegovina. He previously worked as an attorney in the Ulaanbaatar office of Anderson & Anderson LLP. He is admitted to the New York Bar and the State Bar Association of North Dakota. He graduated from Central European University in Budapest with an LL.M in International Business Law, and earned his Juris Doctorate from the David A Clarke School of Law at the University of the District of Columbia. He has published articles on the applicability of UCC Article 6 in the emerging markets of post-communist countries, mining capital markets in Mongolia, and current events in Mongolian arbitration. Mr. Cottrill has legal experience in the post-communist emerging markets working and studying in Russia, Ukraine, Hungary, and Bosnia & Herzegovina. He also served two years as a staff attorney for the Congress of the Federated States of Micronesia.
Bounyasith Daopasith received his Bachelor Law from the National University of Laos and a Master of International Trade and Business from the Nalsar University of Law in Hyderabad, India. He is currently a Legal Adviser with DFDL (Lao) Sole Co. Ltd where he focuses his practice on corporate and commercial law, employment law, real estate, and dispute resolution. As an experienced practitioner having advised on two major proposed listings on the Lao Stock Exchange, he advises on securitization and stock market regulations. Bounyasith Daopasith also has considerable experience in advising on real estate investments in the tourism and retail sectors.
Kabir Duggal is an attorney in Arnold and Porter's New York office focusing on international arbitration and public international law matters, serving both as arbitrator and mediator. He is recognized as a “Chartered Arbitrator” (the highest ranking for arbitrators) by both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. He also frequently serves as an expert on international arbitration and public international law matters. Dr. Duggal is also a Lecturer-in-Law at Columbia Law School, an adjunct Professor at Fordham Law School, and a Course Director and a Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries (UN-OHRLLS) on the creation of a novel “Investment Support Program.” Dr. Duggal works closely with the U.S. Department of Commerce's Commercial Law Development Program (CLDP) as an expert and has undertaken capacity-building workshops in Georgia, Kosovo, Bosnia & Herzegovina. He has also conducted training and capacity-building sessions for several Governments including Colombia, Saudi Arabia, Myanmar, India, Philippines among others on public international law and dispute resolution matters. He also serves on the Federal Republic of Somalia’s New York Convention Task Force as well as the WTO Negotiating Team (International Board). Dr. Duggal has published over 60 articles and has spoken at over 300 arbitration events all over the world. He is a passionate advocate for diversity, equity, and inclusion issues and frequently writes and speaks on these issues. Dr. Duggal is the Co-Founder of REAL (Racial Equality for Arbitration Lawyers), a non-profit seeking to create greater representation in international arbitration. He is a graduate of the University of Mumbai, University of Oxford (DHL-Times of India Scholar), NYU School of Law (Hauser Global Scholar), Leiden Law School (2019 CEPANI Academic Prize), and is currently pursuing an SJD Degree from Harvard Law School. Dr. Duggal is admitted to practice law in New York, District of Columbia, England & Wales (as a Barrister), and in India.
James Finch was raised in the United States and Asia, educated in the United States and served in the U.S. foreign service, where he was posted to various locations in Latin America. Early in his law career he practiced in Tehran, New York, and Santo Domingo. Later he returned to Asia, first to practice in Vietnam, then as the Resident Partner of Myanmar Thanlwin Legal Services, Ltd. in Myanmar, now DFDL, where he has lived for over fifteen years. His practice encompasses financial transactions, infrastructure projects, mining, oil and gas, and a wide variety of other civil and commercial matters.
Gu Weixia was born and grew up in Shanghai. She obtained her LLB from East China University of Political Science and Law, and MCL and SJD degrees from the University of Hong Kong. She is an Associate Professor at the Faculty of Law, University of Hong Kong. Dr. Gu is an Articles Editor of the Hong Kong Law Journal, and also serves as the Deputy Director of the Center for Chinese Law at the University of Hong Kong. Prior to joining academia, she was the youngest recipient in Hong Kong of the U. S. Dept. of State’s prestigious Fulbright Award and was selected as an Honorary Young Fellow of the New York University School of Law. Dr. Gu has been consulted on the revision of the arbitration rules in China, such as those of CIETAC, and the more locally-based Shanghai and Shenzhen Arbitration Commissions. She has published widely on arbitration development in China as well as on the Chinese judiciary in leading publications in English, among them, Asian Courts in Context (Cambridge University Press, 2014), and is the author of the book, Arbitration in China: Regulation of Arbitration Agreements and Practical Issues (Sweet & Maxwell, 2012).
Rupert Haw is a past Country Managing Director and a consultant of DFDL’s Lao PDR practice. He has outstanding experience in telecommunications, corporate finance and M&As in South East Asia and has strong credentials in regulatory and operational risk management in emerging markets. Mr. Haw also has sound experience in dispute resolution and has represented numerous firms in contentious proceedings in both the superior and lower courts. He also has a strong interest in private commercial arbitration.
Mr. Haw was admitted as an attorney of the High Court of South Africa in 1997 and holds a B. Proc. (University of Natal, South Africa). Previously, he was a Senior Manager of Big4 Forensic and Dispute Services department where he was responsible for managing a number of major investigations into fraud and corruption for the private sector and law enforcement agencies in both Africa and the United States.
Michael Hwang, S.C. currently practises as an international arbitrator and mediator based in Singapore. He sits as arbitrator in domestic and international disputes, including investment treaty disputes and sports arbitrations, under a wide variety of arbitral rules. He was the Chief Justice of the Dubai International Financial Centre Courts from 2010 to 2018 (having served as Deputy Chief Justice since 2005). His other past appointments include: Vice Chairman of the ICC International Court of Arbitration, Vice President of the International Council for Commercial Arbitration, member of the Permanent Court of Arbitration, Court Member of the London Court of International Arbitration, panel member on the International Centre for Settlement of Investment Disputes Panel, and Trustee of the Dubai International Arbitration Centre. He has also served as a United Nations Compensation Commissioner, Vice-Chair of the International Bar Association’s Arbitration Committee, as well as Council Member of International Council of Arbitration for Sport. He has been Singapore’s Non-Resident Ambassador to Switzerland and Argentina, a Judicial Commissioner (fixed-term High Court Judge) of the Supreme Court of Singapore, and President of the Law Society of Singapore. He was educated at undergraduate and postgraduate levels at Oxford University, and has been conferred an Honorary LLD by the University of Sydney.
Karan Joseph is a Partner in the Dispute Resolution practice at Shardul Amarchand Mangaldas & Co. In addition to a robust arbitration practice, he regularly advises on matters relating to Constitutional Law, Commercial Law, Technology and Media Disputes. He appears frequently before the High Court of Karnataka, in addition to appearing before Courts, statutory Tribunals, quasi-judicial authorities and Arbitral Tribunals across jurisdictions. An alumnus of Columbia Law School (LL.M.), he is a Registered Foreign Lawyer with the Singapore International Commercial Court and was recently recognised by the Indian Business Law Journal as one of India’s Future Legal Leaders – 2023. He contributes frequently to national and international publications on Arbitration, developments in domestic law, and speaks regularly at seminars and conferences in India and abroad, on invitation. As part of his active pro bono practice, he represents several minor victims of sexual assault in proceedings seeking the termination of their pregnancies. He is an Adjunct Faculty at the National School of Journalism and Public Discourse, where he teaches a post graduate course on Law and Media. He is also the Managing Trustee of the General K.S. Thimayya Memorial Trust, that hosts India’s premium annual lecture series.
Kap-You (Kevin) Kim is a senior founding partner of Peter & Kim and heads the firm's Seoul office. Previously, he was a senior partner at Bae, Kim & Lee LLC, where he worked for over three decades in various roles, including as the co-founder and head of the International Arbitration Practice and the head of the Domestic and International Disputes Group. Mr. Kim has acted as counsel, presiding arbitrator, co-arbitrator and sole arbitrator in close to 300 international arbitrations under all the major institutional rules. His practice involves representing both states and corporation in international disputes across various fora and arising from a wide range of industries. He is a Vice President of the ICC Court, Advisory Board Member of the International Council for Commercial Arbitration (ICCA), Council Member of the American Arbitration Association, and Chairman of the Korean Commercial Arbitration Board's (KCAB) International Arbitration Committee. He also holds a number of other prominent positions, including that of a member of the Panel of Arbitrators at ICSID, and an editorial board member of the Global Arbitration Review. He has served as the Secretary-General of the ICCA from 2010 to 2014, a court member in the LCIA Court from 2007 to 2012, and the Vice-Chair of the IBA Arbitration Committee from 2008 to 2010. Mr. Kim is a graduate of the Seoul National Univerity College of Law (LLB, LLM) and Harvard Law School (LLM). He is a member of the Korean and Seoul Bar Association and is also admitted to practice law in the state of New York. He has authored a number of publications on international law, international arbitration among other areas. He is conversant i Korean (native), English (fluent), and Japanese (conversational).
Mealy Khieu is a Partner of SokSiphana&associates, a member of ZICOLaw. Ms. Khieu also covers litigation, arbitration, and commercial disputes and corporate concerns. She is the founding member of the National Commercial Arbitration Center (NCAC) and was elected as the first Executive Board member. In March 2019, she was elected Vice President of NCAC. Her practice includes domestic and international investment advice, real estate commercial banking. and intellectual property She holds a dual Master University Libre de Brussels (ULB) and from Royal University of Law and Economics in collaboration with University of Montreal, University of Geneva and French Cooperation Center, Phnom Penh. She holds a Bachelor of Law, National Institute of Management and Royal University of Law and Economics, Phnom Penh and is the registered lawyer with the Bar Association of the Kingdom of Cambodia. She is also an authorized Trade Mark Agent recognized by the Ministry of Commerce of Cambodia.
Anna Kirk is a commercial arbitrator, adjudicator and barrister, specialising in international arbitration and public international law. Dr. Kirk is New Zealand’s member on the ICC International Court of Arbitration (2021–24) and sits on the Council of the Arbitrators’ and Mediators’ Institute of New Zealand. She is a Fellow of the Chartered Institute of Arbitrators. Dr. Kirk has been working in arbitration for over 15 years as counsel, arbitrator and tribunal secretary. She has significant experience in arbitrations under the ICC, UNCITRAL, ICSID, LCIA and SIAC Rules. Dr. Kirk practised in London before returning to New Zealand in 2011 to work with Sir David Williams KC.
Nigel N.T. Li and Angela Y. Lin are Partners in the international law firm Lee & Li, Taipei, Taiwan.
Lauren Lindsay is a barrister and arbitrator based in the Asia-Pacific region. She acts as counsel in all forms of dispute resolution, including commercial litigation and arbitration, investment treaty disputes and in mediations. Ms. Lindsay also accepts appointments as arbitrator. She is dual-qualified in law and science, with particular expertise in disputes arising in the life sciences, insurance, ICT and renewables sectors. Ms. Lindsay is admitted to practice in New Zealand and England & Wales. She is ranked as a commercial litigator in Chambers & Partners, Legal 500 and Who’s Who Legal. She is a Fellow of CIArb, ACICA and AMINZ. Ms. Lindsay is a bilingual French and English speaker. Prior to returning to the independent bar in 2019, she spent over seven years with a global law firm’s international arbitration group in London.
Nicholas Lingard is a partner at Freshfields Bruckhaus Deringer in Singapore and the head of their International Arbitration group for Asia-Pacific. He is an experienced international arbitration counsel and advocate and leads one of the most active treaty arbitration practices in Asia, representing both investors and states, in high-profile, politically complex cases around Asia and the world. Mr. Lingard represents clients in commercial disputes across a variety of industries, under all the major arbitral rules, including ICC, SIAC, UNCITRAL, HKIAC, AAA and NAI, and under all major systems of law. He also frequently assists clients with public international law advice, including to structure investments for the protections provided by bilateral investment treaties. Mr. Lingard is recognised as a leading international arbitration practitioner by all major directories. He is ranked in Band 1 of international arbitration in Singapore by Chambers & Partners and as Band 1 "Leading Individual" for arbitration in Singapore by Legal 500.
A former law clerk to the Chief Justice of Australia, he was educated at the University of Queensland, where he received University Medals in law and Japanese, and Harvard Law School, where he was a Frank Knox Memorial Fellow. He is admitted to practise in New York and New South Wales, Australia. Mr. Lingard speaks English and Japanese, and was appointed to the Singapore International Arbitration Centre Users Council in September 2015. He is a Registered Foreign Lawyer entitled to appear before the Singapore International Commercial Court.
Karen Mills has practiced in Indonesia for over 37 years and is one of the Founders of the KarimSyah Law Firm in Jakarta. Ms. Mills is a Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators (“CIArb”) and of the Singapore and Hong Kong Institutes, and Founder and former Co-chair of the Indonesian Chapter of CIArb, and member of the Main Committee of the East Asia Branch of CIArb. Ms. Mills is on the panel of arbitrators of most arbitral institutions in the region, including those of China, Malaysia, Singapore, Hong Kong, Korea, New Zealand and the Philippines, as well as Indonesia; she also serves as a Domain Name Panelist under ADNDRC, Hong Kong, Beijing and Seoul. Ms. Mills sits on the First Appointing Authority of the Chinese-European Arbitration Centre, the Advisory Council of ArbitralWomen and the Editorial Board of the Journal of World Energy Law and Business, among others. She sits as arbitrator throughout Asia and the Pacific, as well as in the US, and has successfully served as lead counsel for the Indonesian Government in several Investor-State arbitrations. A graduate of New York University School of Law and a Member of the New York bar, Ms. Mills commenced her legal career with Haight, Gardner Poor & Havens specialising in maritime and aviation financing. Her primary fields of expertise include investor-state disputes,banking, financing and restructuring, oil, gas, mining and energy matters, insurance, hospitality, information technology and general cross-border transactions. An approved Tutor for all levels of CIArb training and coach and arbitrator of the Vis East and other Moot competitions, she teaches, speaks and writes extensively on arbitration and other matters around the world, and has published well over 150 papers in international professional books and journals.
Cristina A. Montes is a lawyer who was admitted to the practice of law in the Philippines in 2007. She is a Partner at the Hildawa & Montes Law Offices and is a member of the Philippine Dispute Resolution Center, Inc. (PDRCI). She is also currently a professional lecturer at the San Beda Graduate School of Law and the University of Asia and the Pacific Institute of Law. Previously, she was a law clerk for then-Associate Justice Conchita Carpio-Morales of the Philippine Supreme Court (2005-2009), a research assistant at the University of the Philippines Law Center Institute of International Legal Studies (1998-2001), and a Legislative Staff Officer at the House of Representatives Committee on Economic Affairs (1997). She obtained her A.B. from the University of Asia and the Pacific in 1997, her Ll.B. at the University of the Philippines in 2005, and her Master en Derecho de la Globalización e Integración Social from the Universidad de Navarra in Pamplona, Spain. In 2022, she obtained her Doctor of Juridical Science degree from the San Beda University Graduate School of Law.
Tatsuya Nakamura obtained B.E. from the University of Osaka Prefecture in 1980, LL.B. from Keio University in Tokyo in 1993 and LL.M. from the University of Tsukuba in Tokyo in 1996. He is Professor at the Faculty of Law, Kokushikan University in Tokyo.
Fali S. Nariman is a Senior Advocate of the Supreme Court of India; President Emeritus of the Bar Association of India, Honorary President of the ICCA (International Council of Commercial Arbitration); and Vice-Chairman of the ICC International Court of Arbitration in Paris from 1989 till December 2005.
Kristy Newby has 16 years' experience practicing as a solicitor in the Lao PDR, Vietnam and Australia. In both Laos and Vietnam, Ms. Newby has advised private and public companies, financial institutions and investors on corporate and commercial matters, with a focus on mergers and acquisitions and foreign direct investment. In the Lao PDR, she has also advised on project finance deals, advising sponsors and lenders on a number of domestic and cross-border power projects. Additionally, Ms. Newby has substantial experience advising potential investors, existing operators and regulatory authorities in the mining sectors in the Mekong region.
Custodio O. Parlade is a lawyer who was admitted to the practice of law in the Philippines in 1960. He is a Trustee of the Philippine Institute of Construction Arbitrators and Mediators, Inc., and the Chairman of its Committee Revising Construction Industry Arbitration Commission (CIAC) Rules of Procedure. He is also a regular lecturer on domestic and international commercial arbitration in the Mandatory Continuing Legal Education (MCLE) seminars for the University of the Philippines Institute of Judicial Administration, Arellano University, Ateneo de Manila University, the Integrated Bar of the Philippines, and other MCLE providers. He has been included in the Who’s Who List of International Arbitrators as one of three (3) arbitrators from the Philippines since 2008 and now in the Global Arbitration Review 2016. He is an accredited arbitrator of the CIAC. Outside of the CIAC he has arbitrated several cases under the rules of the International Chamber of Commerce (ICC), and under the rules of the PDRCI. Until 2014, he was the representative of ICC Philippines to the ICC International Court of Arbitration. He is included in the list of arbitrators of the BANI Arbitration Center (Indonesia), the Singapore International Arbitration Centre, and lately, the Kuala Lumpur Regional Arbitration Center. He has authored several publications on arbitration.
Linna Seangly is an Associate of Sok Siphana & Associates. She advises foreign and domestic investors on Cambodian commercial and construction arbitration cases and assists her supervisors in litigation- related proceedings. Ms. Seangly has extensive experience in conducting legal research and analysis, and in drafting relevant submissions in arbitration proceedings before the National Commercial Arbitration Centre of Cambodia (NCAC). She holds a dual degree in English Based Bachelor of Law and International Relations from the Royal University of Law and Economics. She was ranked among the top 5 students in her class and was selected to defend her thesis for the International Relations degree. She was a runner-up candidate in the Jessup Mock Moot Court Competition hosted by the Royal University of Law and Economics. She advanced to the semi-final round in the Commercial Arbitration Moot Competition organized by the National Commercial Arbitration Centre. She was also selected to represent her school in the Tun Suffian Moot Court Competition in Malaysia. She has successfully completed her Commercial Arbitration Skills Training Course organized by the National Commercial Arbitration Centre and is on her way to becoming a qualified registered arbitrator in Cambodia.
Ramesh Selvaraj is a Partner in the Litigation and Dispute Resolution department of Allen & Gledhill LLP and is the Co-Deputy Head of the Firm's International Arbitration Practice. He has experience in a wide range of commercial disputes and has a keen interest in international arbitration. He is a Fellow of the Singapore Institute of Arbitrators as well as an accredited mediator with the Singapore Mediation Centre. He is also presently the Co-Chair of the Young Singapore International Arbitration Centre Committe formed under the auspices of the Singapore International Arbitration Centre.
Pralakorn Siwawej, an accomplished Senior Associate in the Litigation and Arbitration Practice Group at Weerawong C&P, the former Bangkok office of White & Case, in Thailand, specializes in all aspects of commercial dispute resolution, including alternative dispute resolution (ADR). A Member of The Chartered Institute of Arbitrators (MCIArb), he has amassed a wealth of experience in advising both local and international clients on an array of litigation and arbitration disputes, emerging as an effective litigator in numerous high-profile cases. His proficiency encompasses diverse areas of Thai law such as construction, class action lawsuits, project development, joint ventures, hospitality and real estate, intellectual property, employment, and other commercial disputes. Prior to joining Weerawong C&P, Mr. Siwawej honed his skills at prominent international law firms in Thailand. The Legal 500 recognized his expertise, naming him a Rising Star in the dispute resolution area in Thailand from 2019 to 2022. Additionally, he earned a spot in the Asia Super 50 Disputes Lawyers edition of Asian Legal Business, Thomson Reuters, in 2021. He holds an LL.M. from the prestigious London School of Economics and Political Science in the UK.
Billie Jean Slott is currently an Assistant Professor of Law at American University of Phnom Penh and Director of Student Affairs. Formerly she was the Administrative Director of the Proasia Legal Solutions Office Of Counsel to the firm of Sciaroni and Associates, located in Phnom Penh. Her areas of practice are litigation, arbitration, oil and gas, exploration and mining. She was appointed by the Minister of Commerce to serve as a Commissioner on the Selection and Inception Commission of the National Arbitration Center and is an advisor to the NCAC. She was lead Onshore Counsel for the Royal Government of Cambodia and Electricité du Cambodge in relation to a multi-million dollar international ICSID arbitration conducted at The Hague. She is a Founding Member of the Cambodian Association of Mining and Exploration Companies and a Member of the California bar. She has been practicing law in Southeast Asia for over twelve years.
David W. Su is the Director of Intellectual Property Division at Taiwan Semiconductor Manufacturing Company, Ltd.
Yasuhei Taniguchi obtained LL.B., 1957, Kyoto University, LL.M., 1963, University of California, Berkeley, J.S.D., 1964, Cornell University, was Professor of Law at Kyoto Univ. till 1998; Teikyo Univ. till 2000; Tokyo Keizai Univ. till 2006 and Senshu University Law School in Tokyo till 2009. He was President of Japan Arbitrators Association till 2013; Council Member of ICCA 1990-2011; Council Member of ICC Institute of World Business Law till 2006, Member of the Appellate Body of the WTO (2000-2007, Chairman 2004-2005). He was a Fellow of the Chartered Institute of Arbitrators, and served as Chairman of the Special Advisory Committee of JCAA. He was active till 2020 as the Chairman of Investment Transactions Overseeing Committee of the Bank of Japan and a judge of Singapore International Commercial Court. Mr. Taniguchi is Of Counsel to the law firm Matsuo & Kosugi in Tokyo.
Suphamit Watnoppakhun, an associate in the litigation and arbitration practice group at Weerawong C&P, the former Bangkok office of White & Case, has distinguished himself in the field of arbitration. Graduating with an LL.B. (First Class Honors) from Chulalongkorn University and attaining professional licenses as a Lawyer and Notarial Services Attorney from the Lawyers Council Under the Royal Patronage, both in 2021,
Mr. Watnoppkhun has extensive experience representing clients in arbitral cases at premier institutions like the Thai Arbitration Institute (TAI)
and the Thailand Arbitration Center (THAC), as well as handling the subsequent arbitration-related court proceedings. His expertise spans commercial law, domestic and international arbitration, and criminal law, allowing him to successfully represent clients from diverse industries in complex dispute resolution matters. He also serves as a trusted advisor to major Chinese clients across a broad spectrum of industries, skillfully combining his deep legal knowledge with hands-on commercial insights to deliver exceptional results.
"Arbitration in Asia is a publication that makes a significant contribution to the field of international arbitration by providing detailed information on arbitration law, practice and procedure in one of the world's fastest-developing areas. This looseleaf volume will be of benefit not only to the specialists in international arbitration such as lawyers and arbitrators, but also to the businessmen and others involved in cross-border trade in Asia.
Michael Moser and his team of Contributors are to be congratulated on producing this important work: a work whose importance is likely to increase in coming years."
-Arbitration (The Journal of the Chartered Institute of Arbitrators); Reviewed by Anthony Connerty
current UPDATE release 15
*Please note - Material originally found on the CD-ROM is now found at the end of this table of contents*
PDF of Title Page and T.O.C.
SUMMARY TABLE OF CONTENTS
Kristy Newby
Bounyasith Daopasith
Linna Seangly
Karan Joseph
Lauren Lindsay
National LEGISLATION APPENDICES
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[10.1] Chapter 609 Arbitration Ordinance
[10.1] Chapter 609 section 13(3) Arbitration Rules 2019 Amendment E-Legislation
[10.2] Order 73 of the Rules of the High Court
[10.3] UNCITRAL Arbitration Rules (2013)
[10.4] HKIAC Administered Arbitration Rules 2018
[10.4] HKIAC Administered Arbitration Rules 2015
[10.5(a)] Practice Note for the Challenge of an Arbitrator (effective
[10.5(b)] Practice Note on Consolidation of Arbitrations (effective 1 January 2016)
[10.5(c)] Practice Note on Arbitral Tribunal;s Fees, Expenses, Terms and Conditions
Based on Schedule 2 and Hourly Rates
[10.5(d)] Practice Note on Arbitral Tribunal’s Fees, Expenses, Terms
and Conditions Based on Schedule 3 and the Sum in Dispute
[10.5(e)} Practice Note on Appointment of Arbitrators
[10.5(f)] Practice Note on Costs of Arbitration, Based on Schedule
2 and Hourly Rates
[10.5(g)] Practice Note on Costs of Arbitration, Based on Schedule
3 and the Sum in Dispute
[10.5(h)] HKIAC Schedule of Fees_2015
[10.6] HKIAC Domestic Arbitration Rules (2014)
[10.7] HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules - 2015
[10.8] Rules as Appointing Authority: Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrators) Rules 2013
[10.9] Mediation Ordinance Chapter 620
[10.10] Apology Ordinance (Cap. 631)
[10.11] Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (English translation)
[10.11(a)] ---HKIAC Report on the PRC-HK Interim Measures Arrangement: Responses to Frequently Asked Questions
[10.11(b)} ---SPC_General Notes and Application Templates
Guidelines on the Conduct of On-line or Virtual Proceedings for CIAC Cases
[10.11] Guidelines on Arbitration of Intra-Corporate Disputes for Corporations
[10.1] Civil Procedures Code 2015 (in Vietnamese)
[10.2] Civil Procedures Code 2015 (in English)
[10.3] Amendment to Law on Enforcement of Civil Judgments (in Vietnamese)
[10.4] Amendment to Law on Enforcement of Civil Judgments (in English)
[10.5] Law on Enforcement of Civil Judgments (in Vietnamese)
[10.6] Law on Enforcement of Civil Judgments (in English)
[10.7] Arbitration Law 2010 -Law 54 on Commercial Arbitration (in Vietnamese)
[10.8] Arbitration Law 2010 - Law 54 on Commercial Arbitration (in English)
and The TAI Arbitration Rules (2017) (as amended in the third edition)
[10.5] The Thai Arbitration Institute Arbitrator's Fees, Cost and Expenses (TAI)
[10.6] The Thai Commercial Arbitration Rules (Thai Chamber of Commerce)
[10.7] The Thailand Arbitration Center Rules on Arbitration B. E. 2558 (THAC)
[9.2] Arbitration and Conciliation (Amendment ) Act, 2015
[9.3] Arbitration and Conciliation (Amendment) Act, 2019
PART Q - Australia