Originally from Asian Leading Arbitrators' Guide to International Arbitration

I. INTRODUCTION

The influence of East Asian culture on international arbitration is an interesting and important subject, but is also a difficult subject for several reasons. First, “East Asia” is a large region encompassing multiple countries, each of which has distinct cultures and subcultures. Second, because international arbitrations are generally confidential, not much information is publicly available about the influence of East Asian culture on international arbitration. Third, few people have expertise in all of the diverse aspects of “East Asian culture” and international arbitration.

This essay comments on the interplay between culture and international arbitration, with an emphasis on the culture of “East Asia” – focusing primarily on Korea and secondarily on China and Japan. The author has lived in Korea and Japan and has acted as counsel in arbitrations involving East Asian parties, counsel, and arbitrators, but does not claim to be an expert in this subject. It is hoped, however, that this essay will illuminate several aspects of this subject and will stimulate further discussion.