Informalisation and glocalisation tensions in international arbitration -- Part I: International commercial arbitration in Australia and Japan -- The vicissitudes of international commercial arbitration and the lex mercatoria : a view from the periphery -- The procedural lex mercatoria : the past, present and future of international commercial arbitration -- Japan's Arbitration Law of 2003 : early and recent assessments -- International commercial arbitration in Australia : what's new and what's next? -- Part II: Crossovers from international commercial arbitration to investor-state arbitration -- Informalisation and glocalisation of international commercial arbitration and investment treaty arbitration in Asia -- A weather map for international arbitration : mainly sunny, some cloud, possible thunderstorms -- Confidentiality versus transparency in international commercial arbitration and investor-state arbitration in Australia and Japan -- Part III: Investor-state arbitration and international investment treaties -- Throwing the baby out with the bathwater : Australia's 2011-2013 policy shift against treaty-based investor-state arbitration -- Investor-state arbitration : why not in the Japan-Australia Free Trade Agreement? -- Investor-state arbitration policy and practice in Australia -- Conclusions: Beyond the pandemic : towards more global and informal approaches to international arbitration.
Summary:
"This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order 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."
Series:
Asian commercial, financial and economic law and policy series
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.