- Judul Buku: Commercial Arbitration Law in Asia and The Pacific
- Penulis: Kenneth R. Simmonds, Brian H. W. Hill and Sigvard Jarvin
- Penerbit: United States of America: Oceana Publications, Inc, [1987]
- Bahasa: Inggris
- ISBN: 0379207923
Sinopsis Buku Commercial Arbitration Law in Asia and The Pacific
Massive trade flows to Europe, the Americas and Asia from the dynamic economies of many Asian and Pacific Rim countries. Where there is trade, there will be disputes. How are disagreements between trading partners from different countries to be resolved?
Today arbitration is the preferred method. One proof, thereof, is the number of requests for arbitration made to the Secretariat of the Court of Arbitration of the International Chamber of Commerce (ICC). More than 300 requests are made yearly, and the figure has increased steadily over the years.
The ICC experience bears out the conventional wisdom that arbitration is less utilized in the Asia Pacific region than elsewhere. In general, there is a rough correlation between the percentage of international trade for each region of the world and the percentage of arbitration cases from the region compared to the totality of ICC cases.
However, there is a significant disparity between the estimated world trade in the Asia Pacific region and the number of ICC cases from the region.
Certain Asian countries have a preference for dispute settlement by negotiation, mediation and conciliation. However, a combination of the increasing geographic diversity of the parties involved in international commerce, the greater complexity of commercial relationships and the huge increase in the amounts at stake has made conciliation less feasible.
In addition, arbitral awards are now far more easily enforceable than before the New York Convention (1958) came into force, so that the practical difference between an arbitral award and a settlement reached through conciliation is enormous.
In 1981 the ICC published the first volume in the arbitration series: Arbitration throughout the World. It dealt with most Western European countries. Its purpose was to give businessmen who wish to resort to arbitration in the event of disputes the necessary information, concisely presented, on the law of arbitration in force in each country, and it enabled the reader to make an informed choice as to the place of arbitration, the law that would be applicable to the procedure, the possibilities for enforcement of the arbitral award, and to weigh the consequences of his choices.
The Asia Pacific publication covers fourteen countries in the Far East and the Pacific. It contains not only a report on each country but where they exist extracts of relevant codes and decrees.
When preparing the national. reports the contributors were asked to write in a manner within the grasp not only of lawyers in general but also of businessmen, using simple terminology and clearly distinguishing what is essential from what is secondary, not so much with regard to legal difficulties as from a practical standpoint.
The contributors were urged to define, in the introduction of each country report, the characteristics of their legal system by briefly stating the meaning of the main arbitration terms used in their article and in each section thereafter, to make a distinction, if the law of their country permits them to do so, between domestic arbitration and international arbitration in the various types of circumstances covered.
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