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The appeal of arbitration, as a mode of dispute resolution, to foreign investors has led to the common wisdom that there is a broad correlation between the growth of the arbitration sector and the growth of the economy as a whole. This common wisdom is however subject of some scepticism in Asia, where arbitration and its association with the Western neoliberal project continues to raise concerns amongst some quarters. This article seeks to dispel this scepticism in the context of two Asian economic powerhouses. By tracking how the arbitration sector in both countries have evolved over time, both quantitatively and qualitatively, the authors observe that economic growth has been matched by a corresponding liberalization of the arbitration sector and the adoption of new standards, as well as the design of novel approaches worthy of consideration by other more established jurisdictions.
Asian International Arbitration Journal – Kluwer Law International
Published: May 1, 2022
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