Apr 2023

Editorial

This issue of Asian Dispute Review begins with two winning articles from the HK45 Essay Competition 2022 (which were assessed by Matthew Gearing KC, Jern-Fei Ng KC, Kathryn Sanger and Sarah Grimmer). Franklin Koo (winner of the Hong Kong/Global category) discusses how much transparency should be required in international arbitration proceedings. Manyun Li (winner of the Asia Emerging Economies category) then discusses the interaction of blockchain technology and disputes in the context of alternative dispute resolution.

This is followed by a contribution from John Crook, who reviews the enforcement of foreign judgments and arbitral awards from Asia in a number of Caribbean offshore jurisdictions. Seung Chong then considers what an arbitral tribunal can do to improve certainty in the recoverability of liquidated damages and whether it should do so, in circumstances where there is a trend of divergence of decisions in major common law jurisdictions.

Our In-House Counsel Focus article, by Pauline Low, Nicole Lim and Benson Lim, discusses how to tap the potential for arbitrating Islamic finance disputes in the Asia Pacific region.

The Jurisdiction Focus article by Nishant Choudhary, Sophal Yun and Sovanna Sek then provides a useful and timely
update on arbitration developments in Cambodia.

Joonhak Choi then provides a detailed review of the book, ASEAN and the Reform of Investor-State Dispute Settlement: Global Challenges and Regional Options.

Finally, this issue concludes with the News section written by Robert Morgan.

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