Reflections on the Key Ingredients for Successful Reform of International Commercial Arbitration in the Asia Pacific

Abstract

Many states have recognised the economic importance of being ‘arbitration-friendly’, and many have naturally advertised themselves as such. Beyond the catch-phrase lie these questions: What arbitration regimes are sufficiently ‘arbitration-friendly’? Looking into the past, is there a standard pathway of arbitration reform in the Asia Pacific? Or are there divergent modes of development? To what degree have political, legal, social, cultural, and other factors influenced a jurisdiction’s ability to replicate successful reform patterns? This Chapter looks into the development of arbitration regimes across the Asia Pacific, and aims to reflect on key ingredients for successful arbitration reform in the East. Among the Asia Pacific jurisdictions, some have reached greater success and have attracted many more commercial disputes within and outside the region. Others have been less successful, even with efforts to substantially reform the arbitration laws and institutions. To examine arbitration reform efforts and outcomes of Asia Pacific jurisdictions, this Chapter relies on a hypothetical model of arbitration reform. This model is then tested against the reform pathways undertaken by 12 Asia Pacific jurisdictions for accuracy as a ‘formula’ for arbitration reform in the region.