Post on 17-Dec-2015
transcript
“You Say Chusai, Chotei, I Say Arbitration, Mediation:
Comparing DisputeResolution Procedures in Japan,
Korea & the U.S.”
Speakers:Helena ChenSae Youn KimProfessor Yasuhei TaniguchiJanet WhittakerPanel Chair & Moderator:Naoki Iguchi
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ABA Asia Forum 2015Tokyo
March 2, 20154 pm
Today’s Speakers Helena Chen Sae Youn Kim Professor Yasuhei Taniguchi
Janet Whittaker Naoki Iguchi
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Today’s Topics
Is Arbitration Lawyer’s Business in Asia? Is Arbitration “Global” or
“Local/Regional”? “Arbitration” vs “Court” “Discovery” – Are you Positive or
Negative? Do Experts Dominate the Arbitration? Investment Treaty Arbitration Mediation – Peaceful Resolution?
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Is Arbitration Lawyer’s Business in Asia?
Number of Lawyers Who Commits to “Arbitration”
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Law Firm &Jurisdiction
Number of Partners
Who Commits to Arbitration
Percentage
Law Firm “S”, US (Global)
14(Int’l Arbitration)
7.3%(14/192)
Law Firm “”,PRC China (UK,
Global)
17(Int’l Arbitration)
2.4%(17/714)
Law Firm “Y”,Korea
10(Int’l litigation
and arbitration)
%(10/)
Law Firm “ N”,Japan
8(Int’l Arbitration)
8.3%(8/96)
Is Arbitration “Global” or “Local/Regional”? Number of Lawyers Who Commits to “Arbitration”
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Jurisdiction NY Convention UNCITRAL 1985
US 1970 CA(1988); TX(1989) et al
PRC China 1987 N
Hong Kong - 2010
Taiwan N N
North Korea N N
South Korea 1973 1999
Japan 1961 2003
Singapore 1986 1994
Malaysia 1985 2005
Indonesia 1981 N
Thailand 1959 2002
Myanmar 2013 N
“Arbitration” vs “Court” Can you rely on your national court?
Private “caucus” session Corruption? Literacy in particular business sector
Tell us on what aspect you think arbitration is better than court/litigation
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“Discovery” – positive or negative
Do you request “Discovery” in arbitration or litigation? “Litigation” Hold Notice? Attorney- Client Privilege? How’s your client response?
How do you use “IBA Evidence Rules” in arbitration?
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Do Experts Dominate the Arbitration?
How are Experts Appointed in Arbitration/Court? Court/Arbitrator Appointed or Party-
Appointed Who Pays Fees? Are Private Contact Permitted?
How can you find a suitable Expert? Foreign or National? Language Fluency Necessary? Any Appointing Authority?
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Investment Treaty Arbitration Making a History?
Ansung Housing Co., Ltd. v. People’s Republic of China (ICSID Case No. ARB/14/25)
Are Chinese investors “litigious” even in investment treaty arbitration?
Epoch Making? Trans Pacific Trade Partnership (TPP)
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Mediation – Peaceful Kingdom
What’s is “Mediation” in your mind/your jurisdiction?
Court-Assisted or Private/Commercial?
Have you recommended your client to go to mediation before arbitration?
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