The fifth edition of the PLC Cross-border Dispute Resolution Handbook Volume 2: Arbitration aims to provide arbitration practitioners with information on the arbitration law and practice in key jurisdictions. The Handbook also aims to make the concept of arbitration more accessible to readers unfamiliar with the subject and provides information on recommended lawyers and law firms in this practice area worldwide.
Arbitration continues to be a highly popular method of dispute resolution for international business entities, despite occasional resistance to, and criticism of, its use. It may often offer advantages over traditional court litigation, including more procedural flexibility, confidentiality, greater finality of awards and increased enforceability. In some jurisdictions, arbitration has replaced litigation as the main form of commercial dispute resolution. This is partly due to more jurisdictions adopting harmonised rules such as the UNCITRAL Model Law, the activity of sophisticated international arbitration organisations, and key enforcement legislation such as the New York Convention. However, the role of arbitration still varies significantly across jurisdictions, and practitioners should take this into account when deciding whether to agree to arbitrate their dispute in a particular jurisdiction.
In Hong Kong, new Arbitration Ordinance was enacted on 11 November 2010, and will come into effect in June 2011. We include a chapter that highlights some of the reforms brought about by the new Arbitration Ordinance, including the major differences between the new Ordinance and the existing Arbitration Ordinance, and expresses some views on how parties may benefit from the new Ordinance.
The country-specific Q&A chapters provide practical information on arbitration in 21 jurisdictions. In particular, they focus on the legislative framework, requirements for arbitration agreements, procedural rules, evidence, confidentiality, appeals, costs, enforcement and the relationship between arbitration and state courts.
The PLC Which lawyer? section of the Handbook identifies the leading private practice lawyers and law firms in this area. This should be read in conjunction with the Lawyer profiles section, which contains more detailed biographies of some individuals.
The Handbook forms Volume 2 of the Dispute Resolution Handbook 2011/12. Volume 1 is a comprehensive guide to dispute resolution law in key jurisdictions worldwide. Firms with expertise in this practice area explain, in a Q&A format, the main issues relating to court procedures, fees and funding, interim remedies (including attachment orders), disclosure, expert evidence, appeals, enforcement, cross-border proceedings, ADR, and reform proposals. The Handbook can be accessed at www.practicallaw.com/disputehandbook.
This Handbook is available online as part of PLC Cross-border, which is a unique online service providing know-how and market intelligence for in-house counsel and private practitioners operating across borders. The service includes practice guidance notes, standard documents and checklists, as well as the online archive of PLC Cross-border Quarterly, featuring comparative regulatory and transaction guides, and law firm management reviews. Visit www.practicallaw.com/crossborder for more information.
Other Handbooks in the series include: Capital Markets, Competition, Construction and Projects, Corporate Governance and Directors' Duties, Corporate Real Estate, Data Protection, Dispute Resolution, Doing Business in…, Employee Share Plans, Environment, Finance, Insurance and Reinsurance, Investment Funds, IP in Business Transactions, Labour and Employee Benefits, Leniency, Life Sciences, Media and Communications, Mergers and Acquisitions, Outsourcing, Private Client, Private Equity, Restructuring and Insolvency, Structured Finance and Securitisation, Tax on Transactions, and Venture Capital.
The Handbook has been co-published with the contributors. We would like to thank all of the firms involved for their excellent contributions and attention to deadlines. If you wish to contact any contributor, full details are set out at the end of the relevant chapter.