Full Description
This thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of "in/formalisation" and "glocalisation". Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration.
This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.
Contents
Contents: Preface and acknowledgements 1. In/formalisation and glocalisation tensions in international arbitration PART I INTERNATIONAL COMMERCIAL ARBITRATION IN JAPAN AND AUSTRALIA 2. The vicissitudes of international commercial arbitration and the lex mercatoria : a view from the periphery 3. The procedural lex mercatoria : the past, present and future of international commercial arbitration 4. Japan's Arbitration Law of 2003: early and recent assessments 5. International commercial arbitration in Australia: what's new and what's next? PART II CROSSOVERS FROM INTERNATIONAL COMMERCIAL TO INVESTOR-STATE ARBITRATION 6. In/formalisation and glocalisation of international commercial arbitration and investment treaty arbitration in Asia 7. A weather map for international arbitration: mainly sunny, some cloud, possible thunderstorms 8. Confidentiality versus transparency in international commercial arbitration and investor-state arbitration in Australia and Japan PART III INVESTOR-STATE ARBITRATION AND INTERNATIONAL INVESTMENT TREATIES 9. Throwing the baby out with the bathwater: Australia's 2011-2013 policy shift against treaty-based investor-state arbitration 10. Investor-state arbitration: why not in the Japan-Australia Free Trade Agreement? 11. Investor-state arbitration policy and practice in Australia 12. Conclusions: beyond the pandemic - towards more global and informal approaches to international arbitration Index
