“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?

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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”?

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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”

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“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” – ARE YOU POSITIVE OR NEGATIVE?

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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?

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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

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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?

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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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Thank you for your attention!숙박 관심을 가져 주셔서 감사합니다 .

非常感謝您們的關注 !ご静聴ありがとうございました。

Question & Answers

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