A. LEGISLATION AND RULES A.1 Legislation South Korea has adopted a pro-arbitration legal framework that governs both domestic and international proceedings. International arbitration proceedings continue to be governed by the Korean Arbitration Act, which is based on the UNCITRAL Model Law. In 2016, the Korean legislature enacted long-awaited amendments to the Korean Arbitration Act and adopted many of the 2006 Amendments to the UNCITRAL Model Law. A minor amendment was added in 2020 to article…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Thailand continues to be governed by the Arbitration Act…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Background of the Arbitration Law The development of legislation for arbitration…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003, which took effect in 2004 and to which no legislative amendment has been made since. Japan is, however, expected to amend its Arbitration Act imminently. After several steps in both the public and private sectors to build the country as an international dispute resolution hub during the last few years, an overhaul of the underlying…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Proposed Amendment to PRC Arbitration Law On 30 July 2021, China’s…
A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures in Vietnam continue to be mainly governed by Civil Procedure…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Malaysia continues to be governed by the Arbitration Act 2005, to which no legislative amendment has been made since the latest amendments in 2018. A.2 Institutions, rules and infrastructure The Asian International Arbitration Centre (AIAC) is Malaysia’s leading arbitration institution, with several key launches in 2021. A.2.1 Launch of AIAC Arbitration Rules 2021 On 1 August 2021, the AIAC launched the latest revisions to its Arbitration…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Australia continues to be governed by the International Arbitration…
A. LEGISLATION AND RULES A.1 Legislation Republic Act No. (RA) 9285, or the Alternative Dispute Resolution Act (“ADR…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Further amendments to the mutual enforcement arrangement between Hong Kong and the Mainland become effective Enforcement of awards between Hong Kong and Mainland China is governed by the “Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR” which has been in effect since 1 February 2000. The Arrangement follows the spirit of the New York Convention and has been providing an effective enforcement mechanism.…