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Reference guide: Arbitration in Asia Pacific

Overview

The Asia Pacific region is a rapidly developing area of international business. The flow of commerce is critically dependent on corporate integrity and on fair and efficient mechanisms for the resolution of disputes.

There are now two particularly strong arbitration centres in the region, in Singapore and Hong Kong, in addition to several other active institutions, among them the Australian Centre for International Commercial Arbitration in Sydney. These are important in providing the legal context for international commercial transactions.

The international arbitration specialists at Norton Rose Group have come up with this guide to best practice, serving up salient detail about dispute resolution practices in individual jurisdictions in the region.

Questionnaire followed:
1. What arbitration bodies are there within the jurisdiction?
2. Is there an Arbitration Act governing arbitration proceedings,
and is it based on the UNCITRAL model law?
3. What are the available rules?
4. What supervision is there of arbitrators and their awards?
5. How quickly can a tribunal be set up?
6. What happens if one party refuses to participate in the process?
7. What interim measures are available?
8. What right is there to challenge the appointment of an arbitrator?
9. Can a party appeal the arbitrator’s decision and, if so, are there
any time limits to be aware of or unusual provisions?
10. Is a party to the New York Convention?
11. Will an arbitration award be enforceable in and, if so,
what is the procedure?
12. What are the likely costs of the arbitration?
13. Are split clauses valid and enforceable?

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