PDF of Title Page and T.O.C.

TABLE OF CONTENTS

FOREWORD

ABOUT THE AUTHORS

Chapter 1
INTRODUCTION
By Michael Pryles & Michael J. Moser

Chapter 2
EAST ASIAN CULTURAL INFLUENCES
By Grant L. Kim

Chapter 3
THE IMPORTANCE OF RECOGNISING CULTURAL DIFFERENCES IN INTERNATIONAL DISPUTE RESOLUTION
By Karen Mills

Chapter 4
APPOINTMENT OF THE ARBITRAL TRIBUNAL
By Lawrence Boo

Chapter 5
THE ROLE PLAYED BY THE PARTY-APPOINTED ARBITRATOR
By Cecil Abraham

Chapter 6
THE ROLE OF THE CHAIR IN INTERNATIONAL COMMERCIAL ARBITRATION
By Neil Kaplan & Karen Mills

Chapter 7
THE ORGANISATION OF INTERNATIONAL ARBITRATION PROCEEDINGS
By Phillip Yang

Chapter 8
INTERIM MEASURES
By David A. R. Williams

Chapter 9
THE PROCESS OF OBTAINING EVIDENCE AND DISCOVERY IN ASIA
By Christopher Lau

Chapter 10
DOCUMENT PRODUCTION UNDER THE ASIAN CIVIL LAW SYSTEM
By Seung Wha Chang

Chapter 11
CONDUCT OF THE HEARINGS
By Toshio Sawada

Chapter 12
ADVOCACY AND CROSS-EXAMINATION
By Colin Y.C. Ong

Chapter 13
JUDICIAL SUPERVISION AND INTERVENTION
By Fali S. Nariman

Chapter 14
THE TRIBUNAL’S DELIBERATIONS
By Vinayak Pradhan

Chapter 15
THE ARBITRAL AWARD
By Custodio O. Parlade

Chapter 16
RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
By Michael Hwang & Yeo Chuan Tat

Chapter 17
INVESTMENT TREATY ARBITRATION
By John Savage

Chapter 18
THE ROLE OF CONCILIATION IN RESOLVING DISPUTES: A PRC PERSPECTIVE
By Wang Wenying

Chapter 19
THE ROLE OF THE THIRD PARTY NEUTRAL WHEN ARBITRATION AND CONCILIATION PROCEDURES ARE COMBINED: A COMPARATIVE SURVEY OF ASIAN JURISDICTIONS
By Sally A. Harpole

About the Editors:
Michael Pryles, is the President of the Australian Centre for International Commercial Arbitration, a member of the International Council of Commercial Arbitration (ICCA), a court member of the London Court of International Arbitration (LCIA) and is Co-Chair of the ICC Asia Arbitration Commission. Mr. Pryles was the foundation president of the Asia Pacific Regional Arbitration Group (APRAG), an association of some 29 arbitral centres and organisations. He was formerly a Commissioner of the United Nations Compensation Commission where he served for over eight years on two panels, chairing one of them. Michael is currently a consultant at the law firm Clayton Utz and was a partner in another leading firm. Before then he was Henry Bournes Higgins Professor of Law at Monash University in Australia.

Michael J. Moser, is currently the Chairman of the Hong Kong International Arbitration Centre (HKIAC) and also serves as Co-Chair of the China Arbitration Forum, Vice President of the Asia Pacific Regional Arbitration Group and a Vice Chair of the Arbitration Committee of the IBA. Mr Moser is a Chartered Arbitrator and has acted as arbitrator or counsel in both ad hoc proceedings under the UNCITRAL Rules and in cases under the rules of the ICC, SIAC, SCC, LCIA, JCAA, AAA and other institutions in Asia, Europe and North America. He is also a member of the panel of arbitrators of CIETAC and was the first foreigner to be appointed as an arbitrator in China. A resident of China for more than 30 years, he speaks fluent Chinese. Mr Moser has written widely in the area of dispute settlement and is General Editor of The Journal of International Arbitration. He is a partner with the firm of O'Melveny & Myers LLP and an adjunct professor at the City University of Hong Kong and the University of Zurich.


About the Contributors:
Dato' Cecil Abraham, is a Consultant in Zul Rafique & Partners. He is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators, UK, Malaysian Institute of Arbitrators, Singapore Institute of Arbitrators and the Australian Centre for International Commercial Arbitration Limited. He is also a Fellow of Queen Mary & Westfield College, University of London. He has an extensive arbitration practice and appears as Counsel both in domestic and international arbitrations. He has arbitrated under the UNCITRAL, ICC, SIAC, KLRCA and LCIA Rules since the 1990s and has sat as Chairman, Sole Arbitrator and Co-Arbitrator in international commercial arbitrations in Asia and Europe. He is the current Deputy President of the Malaysian Institute of Arbitrators and Vice President of the Asia Pacific Regional Arbitration Group. He is also the Chairman of the Arbitration Committee of ICC Malaysia.

Lawrence Boo, practices as an arbitrator and mediator with The Arbitration Chambers and is also the Deputy Chairman of the Singapore International Arbitration Centre (SIAC). He has sat as arbitrator in more than 155 arbitrations. He is Singapore's Representative to the UNCITRAL Working Group on Arbitration and Conciliation since 2004. He has published extensively on ADR and arbitration and teaches in the law faculties of the National University of Singapore, Bond University (Australia) and Wuhan University (China). He was appointed a District Judge in Singapore in April 2007 to preside ad hoc over complex commercial cases.

Seung Wha Chang, is a Professor of Law at Seoul National University. He also has taught international trade law and international dispute settlement (international arbitration) at leading U.S. law schools including Harvard, Yale, Stanford, Duke, Georgetown and UCLA. Prof. Chang has regularly served as a chairman or a co-arbitrator for international arbitration under diverse jurisdictions including ICC, LCIA, JCAA and KCAB. He also was a panelist for seven WTO dispute settlement proceedings. Prof. Chang is President of the Korean Council for International Arbitration (KOCIA) and a Senior Advisor to the KCAB.

Sally Harpole, is a solicitor, attorney (California), Chartered Arbitrator and Accredited Mediator. She is fluent in Mandarin Chinese language and over the past 30 years, has advised multinational clients on trade, investment and dispute resolution matters in China. She frequently serves as arbitrator for cases administered by CIETAC, HKIAC and other arbitral institutions. Currently the co-chair of the Arbitration Committee of the International Bar Association (IBA), Ms. Harpole served two elected terms as President of the American Chamber of Commerce in the People's Republic of China.

Michael Hwang, is currently a Vice Chairman of the ICC International Court of Arbitration, a Vice President of the International Council for Commercial Arbitration (ICCA), a Court Member of the London Court of International Arbitration (LCIA) and a Council Member of the International Council of Arbitration for Sports. He practices as a Senior Counsel of the Supreme Court of Singapore and a Chartered Arbitrator. He also serves as the Deputy Chief Justice of the Dubai International Financial Centre. He is a panelist of 16 national arbitration centres, the Permanent Court of Arbitration and the ICSID Panel of Arbitrators. He served as a Vice Chairman of the Arbitration Committee of the International Bar Association (IBA) from 2001 - 2003, a United Nations Compensation Commissioner from 2000 - 2002, and Acting High Court Judge of the Supreme Court of Singapore from 1991 - 1992. He is Singapore's Non-Resident Ambassador to Switzerland.

Neil Kaplan CBE QC, was the Judge in Charge of the Construction and Arbitration List of the High Court of Hong Kong. He was Chair of HKIAC from 1991 - 2004, was President of the Chartered Institute of Arbitrators 1999-2000 and is a Council member of ICCA. He is currently Chair of the Telecommunications Appeal Board in Hong Kong. Since 1995 he has practiced solely as an international arbitrator from Essex Court Chambers in London and Des Voeux Chambers in Hong Kong.

Grant L. Kim, has over 20 years of experience in international arbitration and litigation. He has worked for over 15 years at Morrison & Foerster LLP in San Francisco (where he is currently Of Counsel).  Mr. Kim has appeared as counsel in numerous international arbitrations in Asia, the United States and Europe. He has served as a Domain Name Panelist for the World Intellectual Property Organization and is a member of the Panel of Arbitrators of the Korean Commercial Arbitration Board.

Christopher Lau SC, is a member of 3 Verulam Buildings, Gray's Inn, London and a consultant to the law firm of M/s Alban Tay Mahtani & de Silva, Singapore. Mr Lau founded the shipping and building & construction departments in Allen & Gledhill, Singapore. He represented parties in significant commercial, maritime and building construction disputes in the courts and before arbitral tribunals before he was appointed a Judicial Commissioner of the Supreme Court where he served for three years. He was appointed Senior Counsel of the Singapore Supreme Court in 1999 and is on the panel of several arbitral institutions. He has also served as chair, and as a member of international arbitral panels and as sole arbitrator in a variety of international commercial, maritime and building & construction disputes under the rules of various arbitral institutions.

Karen Mills, has practiced in Indonesia for almost 25 years and is one of the founders of the KarimSyah law firm in Jakarta. Ms. Mills is a Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators ("CIArb") and of the Singapore and Hong Kong Institutes, and founder and Co-chair of the Indonesian Chapter of CIArb. Ms. Mills is on the panel of arbitrators of most arbitral institutions in the region, including those of China, Malaysia, Singapore, Hong Kong, Korea, New Zealand and the Philippines, as well as Indonesia; and also serves as a Domain Name panelist under ADNDRC, Hong Kong, Beijing and Seoul.

Fali S. Nariman, is a Senior Advocate, Supreme Court of India, and President of the Bar Association of India. He has served as Chair and as a Member of International Arbitral Panels - particularly of ICSID. He was Vice-Chairman of the International Court of Arbitration of the ICC, Paris from 1989 to December 2005 and was Chairman of ICCA (International Council for Commercial Arbitration) for two successive terms from 1994. Since May 2002 he is an Honorary Chairman of ICCA. Awarded the Padma Bhushan in January 1991 for recognition of "distinguished services in the field of Jurisprudence", he has served as a Nominated Member of Parliament for a full six year term (November 1999 - November 2005). On January 26, 2007 he was awarded the Padma Vibhushan (the second highest Civilian Award) for recognition of  "exceptional and distinguished services in the field of Public Affairs."

Colin Ong, is a Managing Partner of Dr. Colin Ong Legal Services in Brunei Darussalam; Panel Member of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism; Former Principal Legal-Consultant, ASEAN Centre-for-Energy; President of Arbitration Association Brunei Darussalam. He is a Council member of LCIA(Asia-Pacific Users' Committee) and arbitrator. Dr Ong is a Chartered Arbitrator; FAMINZ(Arb); FCIArb; FMIArb; FSIArb; DiplCArb.. He holds appointments as Adjunct Professor at various institutions including Universiti Kebangsaan Malaysia; National University of Singapore; University of London.

Custodio O. Parlade, is the former Managing Partner of the Benitez Parlade Africa Herrera Parlade & Panga in Makati City, Chair of the Committee on Arbitration of the Philippine Chamber of Commerce and Industry, founding member and Vice Chairman of the International Chamber of Commerce (Philippines), Inc. and co-founder and first president of the Philippine Dispute Resolution Center, Inc. He has served as chairman or member of several arbitration panels in ICC arbitration. He has written articles on arbitration for domestic and foreign journals. He helped draft the Implementing Rules and Regulations of the ADR Act, and is currently Vice Chairman of the Supreme Court Subcommittee to draft the Special Rules of Court for ADR.

Vinayak P. Pradhan, is a Partner of Skrine in Kuala Lumpur, Malaysia graduated with a LLB (Hons) from the University of Singapore in 1973, was admitted to the Malaysian Bar in 1974 and the Singapore Bar in 1991. Mr. Pradhan has appeared as solicitor and counsel in domestic and international arbitrations. He is a Chartered Arbitrator and sits as an arbitrator in domestic and international arbitrations, having done so under the ICC Rules, the KLRCA and UNCITRAL Rules, the SIAC Rules and the LCIA Rules. From 1998-2003, he was a Commissioner with the United Nations Compensation Commission, Geneva. Mr. Pradhan is a member of the Permanent Court of Arbitration, The Hague and of the Court of Arbitration for Sport, Lausanne

John Savage, is a Partner at Shearman & Sterling LLP. Mr. Savage leads the firm's international arbitration practice in Asia. He has represented clients in over 70 international arbitrations, both institutional and ad hoc, including certain of the cases referred to in his chapter in the present publication. Mr. Savage has also been appointed as chairman, sole arbitrator and co-arbitrator in International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC) and ad hoc arbitrations.

Toshio Sawada, is a Vice-Chairman of the ICC International Court of Arbitration, Professor Emeritus of Sophia University, Tokyo, Senior Counsel (Founding President) of Japan Association of Arbitrations and Director (Founding President) of the Japanese Council on International Transactions. He holds advanced degrees from Columbia University and the University of Michigan and has been a lecturer for 14 years at The Legal Training and Research Institute of The Supreme Court of Japan. Dr. Sawada has lectured at universities in America, Europe, Asia and has served as arbitrator, mediator, counsel or advisor in arbitrations involving commercial, financial and public international law issues. He is a Fellow of the Chartered Institute of Arbitrators and listed on many arbitration panels.

Wang Wenying, has served in the Department of Law of the China Council for the Promotion of International Trade (CCPIT) since 1989. She held the position of Deputy Representative and Representative of CCPIT & CCOIC Hong Kong Representative Office from 1997 to 2000. She has been a research fellow in the Arbitration Research Institute of the China Chamber of International Commerce (CCOIC) since 2001 after she got her doctoral degree of legal science (SJD) from Hong Kong University. She is currently the Director of the Arbitration Research Institute. Dr Wang has also served as Chair, sole arbitrator, or as a member of international and domestic arbitration panels. She has also been appointed as an expert dealing with domain name dispute cases by CIETAC Domain Name Dispute Resolution Center.

David A R Williams QC, is a member of Bankside Chambers in Auckland, New Zealand and Essex Court Chambers in London, England. Mr Williams has extensive experience as counsel and arbitrator in international commercial arbitrations. His experience as an arbitrator includes numerous investment treaty disputes and CAS sports arbitrations. Mr Williams was a member of the ICC Court of International Arbitration from 1999-2002, and the London Court of International Arbitration from 2000-2005. He is presently a member of the Board of Directors of the American Arbitration Association. He also serves as Chief Justice of the Cook Islands and as a Judge of the Dubai International Financial Centre Court.

Philip Yang, has been involved in international arbitration for over 30 years and practiced as a full time arbitrator for the past 15 years. Mr. Yang was the Chairman of the Hong Kong International Arbitration Centre (HKIAC) from 2004 to 2007 and is currently the President of the Asia Pacific Regional Arbitration Group (APRAG). Mr. Yang is also a Fractional Professor at the City University of Hong Kong and an Adjunct Professor at the University of Hong Kong, teaching arbitration law and practice.