The UNCITRAL Model Law and Asian Arbitration Laws Implementation and Comparisons

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.

Gary F. Bell trained in both civil and common law at McGill University and Columbia University, He teaches Arbitration, Indonesian Law, International and Comparative Sale of Goods and Legal Systems of Asia as Associate Professor at the National University of Singapore (NUS) where he is Director of the LL.M. in Arbitration. He is also Director of the Asian Law Institute (ASLI). He co-edited Law and Legal Institutions of Asia: Traditions, adaptations and innovations (Cambridge, 2011) with E. Ann Black. He acts frequently as arbitrator.