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 14
*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
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
[10.1] 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)
[11.1] The Arbitration and Conciliation Act, 1996
[11.2] Rules of Arbitration of the Indian Council of Arbitration (as amended on May 8, 2012)
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.
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.
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.
Daniel Kalderimis is a partner at Chapman Tripp and leads the firm’s international arbitration practice, focused on the Asia-Pacific region. He is admitted in New Zealand, New York and England and Wales (where he is a solicitor-advocate for civil matters). Mr. Kalderimis is New Zealand’s representative to the ICC Commission and national correspondent to the United Nations for the New York Convention and UNCITRAL Model Law. He regularly acts as counsel in international arbitrations, and acted on the first bilateral investment treaty arbitration held in New Zealand. He also regularly appears as a barrister and solicitor in significant commercial litigation before New Zealand courts. Mr. Kalderimis has experience as an ICC arbitrator. He is author of a guide to the ICSID Convention and Arbitration Rules; the New Zealand chapters for guides produced by the International Bar Association, Global Arbitration Review and World Arbitration Reporter; and a contributing author to New Zealand's leading arbitration textbook. He graduated first in his year at Victoria University of Wellington (LLB Hons: first class, BA), and studied at Columbia Law School (LLM), where he received the Fulbright-Buddle Findlay Award and was an associate-in-law. He previously worked in London as a senior associate in Freshfields Bruckhaus Deringer’s international arbitration group. Daniel Kalderimis is an adjunct lecturer at Victoria University of Wellington and a member of the LCIA, International Bar Association, International Law Association, American Society of International Law and Arbitrators’ and Mediators’ Institute of New Zealand.
Kap-You (Kevin) Kim is a senior founding partner of Peter & Kim and operates from the 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. Over the last thirty years, Mr. Kim has acted as counsel, presiding arbitrator, co-arbitrator and sole arbitrator in many dozens of international arbitrations under all the major institutional rules. He has broad disputes practice focusing on investment and commercial arbitrations as well as litigation matters. 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 arbitration and litigation practice. 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.
Nigel N.T. Li and Angela Y. Lin are Partners in the international law firm Lee & Li, Taipei, Taiwan.
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 “leader in his field” and was named Outstanding Young Partner by Chambers Asia-Pacific 2017.
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.
Peeradon Monjaiang is currently an Associate in the Litigation and Arbitration Practice Group as well as the Restructuring and Insolvency Practice Group at Weerawong C&P. He advises client on domestic and international disputes and represents them in Thai courts in various area of disputes, including construction, labour law, white collar crime, restructuring and insolvency, and other civil and commercial disputes. He obtained an LL.B. degree from Thammasat University. He is also a Thai Barrister-at-Law.
Cristina A. Montes is a lawyer who was admitted to the practice of law in the Philippines in 2007. She has been an Associate of the Parlade Hildawa and Eco Law Offices from 2010 until the present, 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, where she is a candidate for the degree of Doctor of Juridical Science, and the University of Asia and the Pacific School of Law and Governance. 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.
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.
Phong Nguyen is an associate at Freshfields Bruckhaus Deringer in Vietnam. He is a highly-skilled Vietnam-qualified lawyer who has been practising law in Ho Chi Minh City since 2003. Phong Nguyen has extensive experience in advising foreign investors on investment and corporate restructuring transactions in Vietnam. He also has considerable experience as a dispute lawyer acting for multinational corporations on various civil and criminal matters in Vietnam, including arbitration proceedings.
Viet Nguyen is an associate at Freshfields Bruckhaus Deringer in Vietnam. He graduated from Hanoi Law University, Vietnam and then obtained a Master of Law degree from Duke University School of Law, U.S. under the Fulbright Scholarship Program. Before joining Freshfields, Viet Nguyen worked for Vietnam’s Ministry of Justice and a leading domestic law firm. At Freshfields, he spends most of his time working on dispute resolution (including domestic arbitration and international arbitration) and inward investment.
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.
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.
Soromnear Sin is a Senior Associate of SokSiphana&associates. She is a member of the Project Financing practice group. Her experience ranges from advising clients on laws and regulations applicable to project financing deals and banking services to drafting financing and commercial agreements, conducting due diligence review on local companies (including ones for the purpose of listing in a foreign stock exchange). In addition, she has also worked on several commercial arbitration disputes at the National Commercial Arbitration Centre. She holds a Bachelor of Law from the Royal University of Law and Economics as well as a Master of Law from the University of Wisconsin-Madison. She has been certified by the Securities and Exchanges Commission of Cambodia as an approved person in the Securities Sector and has completed her certification training for becoming an arbitrator with the National Commercial Arbitration Centre of Cambodia.
Pralakorn Siwawej is currently a Senior Associate in the Litigation and Arbitration Practice Group at Weerawong C&P in Thailand. He has extensive experience in advising both local and international clients on a wide range of litigation and arbitration disputes. He also acts as a litigator involved in numerous high-profile disputes. He has experience in many different areas of Thai law, including construction, class action lawsuit, projects, joint ventures, hotels and real estates, intellectual properties, employment, and other commercial disputes. Prior to joining the current firm, Mr. Pralakorn Siwawej worked at well-known international law firms in Thailand. He has been recognized by The Legal 500 as a Rising Star in the dispute resolution area in Thailand (2019 – 2022) and in the Asia Super 50 Disputes Lawyers edition of Asian Legal Business, Thomson Reuters (2021). He received LL.M. from the London School of Economics and Political Science, 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.
"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.
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.
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.
Daniel Kalderimis is a partner at Chapman Tripp and leads the firm’s international arbitration practice, focused on the Asia-Pacific region. He is admitted in New Zealand, New York and England and Wales (where he is a solicitor-advocate for civil matters). Mr. Kalderimis is New Zealand’s representative to the ICC Commission and national correspondent to the United Nations for the New York Convention and UNCITRAL Model Law. He regularly acts as counsel in international arbitrations, and acted on the first bilateral investment treaty arbitration held in New Zealand. He also regularly appears as a barrister and solicitor in significant commercial litigation before New Zealand courts. Mr. Kalderimis has experience as an ICC arbitrator. He is author of a guide to the ICSID Convention and Arbitration Rules; the New Zealand chapters for guides produced by the International Bar Association, Global Arbitration Review and World Arbitration Reporter; and a contributing author to New Zealand's leading arbitration textbook. He graduated first in his year at Victoria University of Wellington (LLB Hons: first class, BA), and studied at Columbia Law School (LLM), where he received the Fulbright-Buddle Findlay Award and was an associate-in-law. He previously worked in London as a senior associate in Freshfields Bruckhaus Deringer’s international arbitration group. Daniel Kalderimis is an adjunct lecturer at Victoria University of Wellington and a member of the LCIA, International Bar Association, International Law Association, American Society of International Law and Arbitrators’ and Mediators’ Institute of New Zealand.
Kap-You (Kevin) Kim is a senior founding partner of Peter & Kim and operates from the 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. Over the last thirty years, Mr. Kim has acted as counsel, presiding arbitrator, co-arbitrator and sole arbitrator in many dozens of international arbitrations under all the major institutional rules. He has broad disputes practice focusing on investment and commercial arbitrations as well as litigation matters. 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 arbitration and litigation practice. 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.
Nigel N.T. Li and Angela Y. Lin are Partners in the international law firm Lee & Li, Taipei, Taiwan.
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 “leader in his field” and was named Outstanding Young Partner by Chambers Asia-Pacific 2017.
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.
Peeradon Monjaiang is currently an Associate in the Litigation and Arbitration Practice Group as well as the Restructuring and Insolvency Practice Group at Weerawong C&P. He advises client on domestic and international disputes and represents them in Thai courts in various area of disputes, including construction, labour law, white collar crime, restructuring and insolvency, and other civil and commercial disputes. He obtained an LL.B. degree from Thammasat University. He is also a Thai Barrister-at-Law.
Cristina A. Montes is a lawyer who was admitted to the practice of law in the Philippines in 2007. She has been an Associate of the Parlade Hildawa and Eco Law Offices from 2010 until the present, 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, where she is a candidate for the degree of Doctor of Juridical Science, and the University of Asia and the Pacific School of Law and Governance. 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.
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.
Phong Nguyen is an associate at Freshfields Bruckhaus Deringer in Vietnam. He is a highly-skilled Vietnam-qualified lawyer who has been practising law in Ho Chi Minh City since 2003. Phong Nguyen has extensive experience in advising foreign investors on investment and corporate restructuring transactions in Vietnam. He also has considerable experience as a dispute lawyer acting for multinational corporations on various civil and criminal matters in Vietnam, including arbitration proceedings.
Viet Nguyen is an associate at Freshfields Bruckhaus Deringer in Vietnam. He graduated from Hanoi Law University, Vietnam and then obtained a Master of Law degree from Duke University School of Law, U.S. under the Fulbright Scholarship Program. Before joining Freshfields, Viet Nguyen worked for Vietnam’s Ministry of Justice and a leading domestic law firm. At Freshfields, he spends most of his time working on dispute resolution (including domestic arbitration and international arbitration) and inward investment.
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.
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.
Soromnear Sin is a Senior Associate of SokSiphana&associates. She is a member of the Project Financing practice group. Her experience ranges from advising clients on laws and regulations applicable to project financing deals and banking services to drafting financing and commercial agreements, conducting due diligence review on local companies (including ones for the purpose of listing in a foreign stock exchange). In addition, she has also worked on several commercial arbitration disputes at the National Commercial Arbitration Centre. She holds a Bachelor of Law from the Royal University of Law and Economics as well as a Master of Law from the University of Wisconsin-Madison. She has been certified by the Securities and Exchanges Commission of Cambodia as an approved person in the Securities Sector and has completed her certification training for becoming an arbitrator with the National Commercial Arbitration Centre of Cambodia.
Pralakorn Siwawej is currently a Senior Associate in the Litigation and Arbitration Practice Group at Weerawong C&P in Thailand. He has extensive experience in advising both local and international clients on a wide range of litigation and arbitration disputes. He also acts as a litigator involved in numerous high-profile disputes. He has experience in many different areas of Thai law, including construction, class action lawsuit, projects, joint ventures, hotels and real estates, intellectual properties, employment, and other commercial disputes. Prior to joining the current firm, Mr. Pralakorn Siwawej worked at well-known international law firms in Thailand. He has been recognized by The Legal 500 as a Rising Star in the dispute resolution area in Thailand (2019 – 2022) and in the Asia Super 50 Disputes Lawyers edition of Asian Legal Business, Thomson Reuters (2021). He received LL.M. from the London School of Economics and Political Science, 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.
"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 14
*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
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
[10.1] 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)
[11.1] The Arbitration and Conciliation Act, 1996
[11.2] Rules of Arbitration of the Indian Council of Arbitration (as amended on May 8, 2012)