In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR).
The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all?
With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 229 mm
Breite: 150 mm
Dicke: 13 mm
Gewicht
ISBN-13
978-1-5099-5501-5 (9781509955015)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Sundaresh Menon has been Chief Justice of Singapore since November 2012. Between 2010 and 2012 he was Attorney-General of Singapore.
Anselmo Reyes is Guest Professor at the Law Faculty of Doshisha University in Kyoto, Japan, and an International Judge of the Singapore International Commercial Court.
Herausgeber*in
Supreme Court of Singapore
Doshisha University, Japan
Introduction: Justice in a Globalised Age
Sundaresh Menon (Chief Justice of Singapore)
PART I
WHAT IS AN INTERNATIONAL COMMERCIAL DISPUTE?
1. A Bird's Eye View of International Commercial Dispute Resolution
Pak Hei Li (Hong Kong barrister)
2. International Commercial Dispute Resolution as a System
James Allsop (Chief Justice of the Federal Court of Australia ), and Samuel Walpole (University of Queensland, Australia)
3. The Landscape of International Commercial Courts
Jianping Shi (Shanghai University, China)
4. The Driving Forces behind the Swinging Pendulum
Bernard Eder (Singapore International Commercial Court)
PART III
DAVID AND GOLIATH: INVESTOR-STATE DISPUTE SETTLEMENT
5. An Introduction to Investor-State Dispute Settlement
Jianjian Ye (Quinn Emanuel Urquhart & Sullivan LLP in New York, USA)
6. The Way Forward in Investor-State Dispute Settlement: How Do We Balance the Needs of States with the Demands of Investors?
Anselmo Reyes (Singapore International Commercial Court)
PART IV
THE PERFECT AS THE ENEMY OF THE GOOD - THE IMPORTANCE OF FINALITY AND CERTAINTY
7. The Need for Finality and Certainty in International Commercial Dispute Resolution
Wilson Lui (University of Hong Kong)
8. Towards the Just Resolution of Disputes: How Do We Balance Commercial Certainty and Achieving the Right Result?
Nallini Pathmanathan (Federal Court of Malaysia), and Joanne Tan Xin Ying (Federal Court of Malaysia)
PART V
THE LEX MERCATORIA AND THE CONVERGENCE OF INTERNATIONAL COMMERCIAL LAW
9. An Anatomy of the Lex Mercatoria
Jason Lin (trainee solicitor in London)
10. Developing the Lex Mercatoria
Tiong Min Yeo (Singapore Management University)
PART VI
THE IMPACT OF COVID-19
11. How the Pandemic has Changed the Landscape of International Dispute Resolution
Cedric Yeung (Hong Kong barrister)
12. Shaping the Future of International Dispute Resolution
Douglas Jones AO (Singapore International Commercial Court) and Jonathan Mance (Astana International Financial Centre Court, Kazakhstan)
Conclusion: Transnational Dispute Resolution, International Commercial Courts, and the Future of International Commercial Law
Pamela Bookman (Fordham University, USA), and Alyssa King (Queen's University, Canada)
