PDF182.49 KB
Originally from:
The Art of Advocacy in International Arbitration - 2nd Edition
Preview Page
Chapter 23
THE ASIAN PERSPECTIVE AND
PRACTICE OF ADVOCACY
Christopher Lau
I. Introduction
In no other region in the world is there as great a diversity in
race, language, culture, religion and legal systems as in Asia. India
alone lists twenty-one distinct languages with twenty-one distinct
cultures and nine religions. Western colonialism in Asia, as elsewhere,
left a legacy of western law, which over time has merged with Asian
legal traditions and continues to influence many Asian legal systems
with varying degrees of intensity and visibility.1 Whereas arbitration
as a tool for resolving disputes in Singapore and Hong Kong is
widely used, in other Asian jurisdictions such as Vietnam, the use of
arbitration is relatively new. Most Asian states have ratified the two
major international arbitral Conventions,2 some states have adopted
or adapted in their arbitration legislation the UNCITRAL Model Law
on International Commercial Arbitration but others have not3. Major
political changes in China, not only opened its market to foreign
investors but also brought along arbitration as a preferred dispute
resolution mechanism. However, "in the light of the striking mosaic
of physical, economic, linguistic, cultural and political differences it is
hardly surprising that there are substantial variations in legal systems
and approaches to dispute resolution across the continent".4 This
chapter which discusses advocacy in Asia is written in the context of
such Asian diversity.
Full Table of Contents from "The Art of Advocacy in International Arbitration - 2nd Edition"
Preface
Edward G. Kehoe
About the Authors
Introduction
Doak Bishop
Part I: Advocacy in International Arbitration
Chapter 1
Cultural Differences in Advocacy in International Arbitration
Jan Paulsson
Chapter 2
Differences in the Approach to Witness Evidence Between the Civil and Common Law Traditions
Anthony C. Sinclair
Chapter 3
The Ethics of Advocacy in International Arbitration
Catherine A. Rogers
Part II. Psychological Persuasion
Chapter 4
Psychological Dynamics in International Arbitration Advocacy
Richard C. Waites and James E. Lawrence
Chapter 5
Psychological Factors in the Arbitral Process
Sophie Nappert and Dieter Flader
Part III: Strategy
Chapter 6
Strategic Considerations in Developing an International Arbitration Case
David W. Rivkin
Chapter 7
Advocacy in Practice: The Use of Parallel Proceedings
Emmanuel Gaillard and Philippe Pinsolle
Part IV: Written Advocacy
Chapter 8
Effective Written Advocacy
Guillermo Aguilar Alvarez
Chapter 9
Pleadings, Memorials, and Post-Hearing Briefs
Mark Friedman
Chapter 10
Witness Statements and Expert Reports
Pierre Bienvenu and Martin J. Valasek
Chapter 11
Organization and Presentation of Documents to the Tribunal
Stephen Jagusch
Chapter 12
Advocacy Before International Tribunals in State-to-State Cases
James Crawford
Part V: Oral Advocacy
Chapter 13
Pre-hearing Advocacy in International Arbitration
Lucy F. Reed and Alexander A. Yanos
Chapter 14
Opening Statements
Toby Landau and Doak Bishop
Chapter 15
Direct and Re-Direct Examination of the Witnesses
Nigel Blackaby
Chapter 16
Cross-Examination and Re-Cross in International Arbitration
Edward G. Kehoe
Chapter 17
Ten Questions Not to Ask in Cross-Examination in International Arbitration
Michael Hwang
Chapter 18
Attacking the Credibility of Witnesses and Experts
Guido Santiago Tawil
Chapter 19
Closing Arguments
Audley Sheppard
Part VI: Regional Differences in International Arbitration
Chapter 20
The British Perspective and Practice of Advocacy
Peter Leaver and Henry Forbes Smith
Chapter 21
The Continental European Perspective and Practice of Advocacy
Teresa Giovannini
Chapter 22
The United States Perspective and Practice of Advocacy
Doak Bishop and James H. Carter
Chapter 23
The Asian Perspective and Practice of Advocacy
Christopher Lau
Part VII: Advocacy from the Perspective of the Arbitrator
Chapter 24
Advocacy From the Perspective of the Civil Law Arbitrator
Bernardo M. Cremades and Ignacio Madalena
Chapter 25
Advocacy from the Arbitrator’s Perspective
L. Yves Fortier and Stephen L. Drymer
Chapter 26
Advocacy Regarding Damages in International Arbitration
Craig S. Miles