Convergence and Divergence of Private Law in Asia

Path-breaking analysis into the methods and drivers for legal convergence and divergence across private laws in Asia.

Gary Low (Edited by)

9781108475150, Cambridge University Press

Hardback, published 24 February 2022

350 pages
23.5 x 15.9 x 2 cm, 0.55 kg

There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.

1. Introduction Gary Low
2. Uniform law and the production and circulation of legal models Luca Castellani
3. Convergence, divergence and diversity in financial law: The experience of the UNCITRAL model law and cross-border insolvency Andrew Godwin
4. The New York convention and the UNCITRAL model law on international commercial arbitration: Existing models for legal convergence in Asia? Michael Hwang
5. Convergences and divergences: Comparing contractual and organizational models in international regulatory cooperation Fabrizio Cafaggi
6. Law as a market standard: Voluntary unification in contract and company law Andreas Engert
7. Is the harmonisation of Asian contract law possible? The example of the European Union Mateja Durovic and Geraint Howells
8. The presumption of regularity in Chinese corporate contracting: Evidence and the prospect of regional convergence Charles Zhen Qu
9. Mind the gap: Studying the implementation discrepancy for the ASEAN economic community Sanchita Basu Das
10. The rule of law as key to the ASEAN legal order: How can it be ensured? Francis Jacobs
11. How Asian should Asian law be? Ralf Michaels.

Subject Areas: Company law [LNCD], Commercial law [LNCB], Comparative law [LAM]