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International Commercial and Investor-State Arbitration

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International Commercial and Investor-State Arbitration

Australia and Japan in Regional and Global Contexts

9781800880818 Edward Elgar Publishing
Luke Nottage, Professor of Comparative and Transnational Business Law, University of Sydney Law School, and Special Counsel, Williams Trade Law, Australia
Publication Date: February 2021 ISBN: 978 1 80088 081 8 Extent: c 368 pp
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.

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This thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.

Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration.

This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.
Critical Acclaim
‘Cross-border dispute settlement in the Asia-Pacific has grown increasingly complex and dynamic in recent years. In this book, one of our keenest observers of the region traces evolving developments in Australia and Japan, examining the trajectories of commercial and investor-state arbitration within a common framework. We could have no better guide to the shifts, stops and starts that have characterized this evolving field of law and practice.’
– Tom Ginsburg, University of Chicago, US

‘This important work by an eminent scholar in the field of international commercial arbitration provides a valuable opportunity to step back from day-to-day events and experiences and view them from the perspective of an analytical framework, enabling important trends, policy issues and principles to be identified. Combining intellectual academic rigour with practical applications and illustrations of the principles discussed, the author draws upon empirical research and established trends to predict likely developments in arbitration in a post-pandemic global economy.’
– Wayne Martin AC QC, Francis Burt Chambers and former Chief Justice of Western Australia

This title is available for institutional purchase via Elgaronline.

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