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The Asian Perspective and Practice Of Advocacy - Chapter 23 - The Art of Advocacy in International Arbitration - 2nd Edition

Author(s): 
Christopher Lau
Page Count: 
18 pages
Media Description: 
PDF from "The Art of Advocacy in International Arbitration - 2nd Edition"
Published: 
May, 2010
Jurisdictions: 
Asia
Practice Areas: 
Arbitrators and Arbitral Tribunals,
Nationality of Arbitrators,
International and Transnational Law,
Arbitral Process,
International Litigation,
Practice & Procedure,
Advocacy,
Basic Standards of Due Process,
Evidence
Author Detail: 

Christopher Lau is an arbitrator in international and domestic arbitrations involving ICC, UNCITRAL, LCIA, SIAC, HKIAC & KCAB Rules and in ad hoc arbitrations in commercial disputes including disputes in relation to power plant projects, joint ventures, sale & acquisition of companies, international investments, maritime, insurance and building & construction. He has also been appointed as mediator by ICDR. Recent arbitral appointments include chairman of the tribunal in a marine insurance dispute in Indonesia; in a ship construction dispute in Australia and in Scandinavia; in a power plant dispute in South Asia; in a bridge construction dispute in East Asia; in joint venture/contractual disputes in China; in an oil rig construction dispute in the Middle East; as co-arbitrator in a synthesis gas plant dispute in North Asia; in a joint venture property development dispute in China; in an acquisition dispute in Asia; in a container terminal investment dispute in Asia; in an energy investment related dispute in the Americas; and as sole arbitrator in a dispute relating to a Bond Subscription & Joint Venture agreement and in a maritime dispute. Recent mediation appointment include mediator in an international contractual dispute governed by the laws of the State of New York. Christopher is a contributor to the Singapore Chapter in Arbitration World, 2nd Edition, Publishers, European Lawyer; a chapter on the process of obtaining evidence and discovery in Asia in Juris’ Asian Leading Arbitrators' Guide to Arbitration; IGLG’s International Arbitration 2007, 4th Edition; IGLG’s International Arbitration in Asia Pacific: Regional Overview and Recent Developments; and a Consultant in Singapore Court Practice 2006.

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Originally from The Art of Advocacy in International Arbitration - 2nd Edition

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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.