探讨亚洲商事争议解决的未来:提高ADR的效率和有效性

IF 0.6 3区社会学 Q2 LAW

Asian Journal of Law and Society Pub Date : 2022-03-30 DOI:10.1017/als.2021.32

Hiroyuki Tezuka, Mihiro Koeda

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引用次数: 0

摘要

摘要自2017年以来，日本迅速发展了其软硬件基础设施，以加快在日本使用替代争端解决（ADR），例如在京都建立日本国际争端解决中心和日本国际调解中心，以及修改《外国律师法》。修订《日本仲裁法》的立法程序正在进行中，加入《新加坡公约》的讨论也在进行中。诉讼过程中涉及法官的调解和和解讨论传统上在日本法院实践中很常见，这将对投资者-国家调解产生一些影响，这是投资者-国家争端解决领域最近的热门话题。全球范围内已经讨论了许多进一步提高ADR程序效率和有效性的方法，包括中期会议、Calderbank报价、在复杂纠纷中使用调解，以及利用当事人指定的仲裁员先进使用Arb-Med-Arb程序。

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Exploring the future of commercial dispute resolution in Asia: Accelerating efficiency and effectiveness in ADR

Abstract Since 2017, Japan has rapidly developed its hard and soft infrastructure to accelerate the use of alternative dispute resolution (ADR) in Japan, such as establishing the Japan International Dispute Resolution Center and the Japan International Mediation Center, Kyoto, as well as amending the Foreign Lawyers Act. The legislative process to amend the Japanese Arbitration Act is underway and discussions to accede to the Singapore Convention are ongoing. Mediation and settlement discussions involving judges during the litigation process are traditionally common in Japanese court practices, which would have some implications for investor–state mediation, which is a recent hot topic in the field of investor–state dispute settlement. Numerous means of further improving the efficiency and effectiveness of ADR proceedings have been discussed globally, including mid-stream conferences, Calderbank offers, the use of mediation in complex disputes, and the advanced use of Arb-Med-Arb proceedings utilizing party-appointed arbitrators.

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来源期刊

Asian Journal of Law and Society LAW-

CiteScore

1.50

自引率

0.00%

发文量

期刊介绍： The Asian Journal of Law and Society (AJLS) adds an increasingly important Asian perspective to global law and society scholarship. This independent, peer-reviewed publication encourages empirical and multi-disciplinary research and welcomes articles on law and its relationship with society in Asia, articles bringing an Asian perspective to socio-legal issues of global concern, and articles using Asia as a starting point for a comparative exploration of law and society topics. Its coverage of Asia is broad and stretches from East Asia, South Asia and South East Asia to Central Asia. A unique combination of a base in Asia and an international editorial team creates a forum for Asian and Western scholars to exchange ideas of interest to Asian scholars and professionals, those working in or on Asia, as well as all working on law and society issues globally.