The UNCITRAL Model Law and Asian Arbitration Laws
Implementation and Comparisons

Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

Gary F. Bell (Edited by)

9781316635315, Cambridge University Press

Paperback / softback, published 4 October 2018

458 pages
22.7 x 15.1 x 2.4 cm, 0.65 kg

'Professor Bell's book is the passport that all States and jurisdictions - Asian or otherwise - should possess during the course of their Model Law journey.' Darius Chan, Asian Dispute Review

In the Asia-Pacific, thirty-eight jurisdictions have adopted the UNCITRAL Model Law on International Commercial Arbitration. This book looks at how the text and the principles of the Model Law have been implemented (or not) in key Asian jurisdictions. Most of the jurisdictions covered in this book have declared that they have adopted the Model Law but often with significant modifications. Even when jurisdictions adopt some provisions of the Model Law verbatim, their courts may have interpreted these provisions in a manner inconsistent with their goals and with how they are interpreted internationally. When a jurisdiction has not adopted the Model Law, the chapter compares its legislation to the Model Law to determine whether it is consistent with its principles. Each chapter follows the structure of the Model Law allowing the reader to easily compare the arbitration laws of different jurisdictions on each topic.

Introduction
Part I: 1. Hong Kong Special Administrative Region, China: the adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong Shahla Ali
2. India: the 1985 Model Law and the 1996 Act: a survey of the Indian arbitration landscape Harisankar K. Sathyapalan and Aakanksha Kumar
3. Japan: Japanese Arbitration Law and UNCITRAL Model Law Harata Hisashi
4. Republic of Korea: Model Law in Asia: the case for Korea Hi-Taek Shin
5. Malaysia: the arbitration regime in Malaysia: a De Jure Model Law jurisdiction? Choong Yeow Choy and Sundra Rajoo
6. Myanmar: the Model Law: a new model for a new era in Myanmar – from the 1944 Arbitration Act to the 2016 Arbitration Law Minn Naing Oo
7. Philippines: the application of the UNCITRAL Model Law on International Commercial Arbitration in the Philippines Rena M. Rico-Pamfilo
8. Singapore: Singapore's implementation of the Model Law: if at first you don't succeed Gary F. Bell
Part II: 9. People's Republic of China: comparison between UN Model Law and Chinese Arbitration Law Guo Yu
10. Indonesia: Indonesian Arbitration Law and practice: in light of the UNCITRAL Model Law Gatot Soemartono and John Lumban-Tobing
11. Taiwan: comparative analysis of the Arbitration Law of Taiwan and the UNCITRAL Model Law Chang-fa Lo
12. Vietnam: the Vietnamese law on Commercial Arbitration 2010 compared to the UNCITRAL Model Law on International Commercial Arbitration 2006 Hop Dang.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Civil procedure, litigation & dispute resolution [LNAC], Comparative law [LAM], Law [L], Dialect, slang & jargon [CFFD]