Jan 2020

Editorial

This issue of Asian Dispute Review commences with an article by the immediate Past President of the Chartered Institute of Arbitrators, Thomas D Halket, Meeting Today’s Challenges to Prepare for the Future, in which he discusses certain challenges currently faced by international arbitration around the world. It is followed by Peter Scott Caldwell’s 14th Winnie Whittaker Memorial Lecture, Bloodbath Revisited, which considers the extent to which there has been change in the incidence of procedural inefficiencies and confrontational practices in arbitration highlighted in his inaugural lecture of 2006.

Kshama Loya and Moazzam Khan’s article, BIT Award Enforcement at Bay in India as the Courts Rule out the Applicability of the Arbitration and Conciliation Act 1996, then considers the state of enforcement of investment treaty awards in India and compares its enforcement framework with that of other jurisdictions.

The ‘Alternative Dispute Resolution’ article by Dr James Ding considers the establishment and work of the Inclusive Dispute Avoidance and Resolution (IDAR) Office, a 2019 initiative of the Hong Kong Department of Justice. The ‘In-House Counsel Focus’ article by Jacky Fung and Byron Perez then provides guidance on the content and operation of the 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 SAR 2019.

The ‘Jurisdiction Focus’ article by Fatima Dermawan provides an overview of a new Arbitration Law for Macau which will take effect in May 2020 and considers the future of international arbitration in Macau. It is the first commentary on the new Macau legislation in English.

This issue concludes with a book review by Robert Morgan of The Singapore Mediation Convention: A Commentary by Nadja Alexander & Shouyu Chong.

We take this opportunity to wish you all the very best for 2020 and look forward to providing you with further insights into the world of dispute resolution in the Asia region in the year ahead. 

CIArb (EAB) Newsletter now available:  Please click: January 2020