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East Asian Cultural Influences - Chapter 2 - The Asian Leading Arbitrators' Guide to International Arbitration

 
Price:
$35.00
Author: Grant L. Kim
Page Count: 36
Published: October 2007
Media Desc: PDF from "The Asian Leading Arbitrators' Guide to International Arbitration"
File Size: 172KB
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Description

Originally From:

The Asian Leading Arbitrators' Guide to International Arbitration - Hardcover

The Asian Leading Arbitrators' Guide to International Arbitration - Electronic


 


 

CHAPTER 2 - Preview Page
EAST ASIAN CULTURAL INFLUENCES

I. INTRODUCTION
The influence of East Asian culture on international arbitration is an interesting and important subject, but is also a difficult subject for several reasons. First, “East Asia” is a large region encompassing
multiple countries, each of which has distinct cultures and subcultures. Second, because international arbitrations are generally confidential, not much information is publicly available about the influence of East Asian culture on international arbitration. Third, few people have expertise in all of the diverse aspects of “East Asian culture” and international arbitration.

This essay comments on the interplay between culture and international arbitration, with an emphasis on the culture of “East Asia” – focusing primarily on Korea and secondarily on China and Japan. The author has lived in Korea and Japan and has acted as counsel in arbitrations involving East Asian parties, counsel, and arbitrators, but does not claim to be an expert in this subject. It is hoped, however, that this essay will illuminate several aspects of this subject and will stimulate further discussion.


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Table of Contents

Table of Contents from:
"The Asian Leading Arbitrators' Guide to International Arbitration"

TABLE OF CONTENTS

FOREWORD

ABOUT THE AUTHORS

Chapter 1
INTRODUCTION
By Michael Pryles & Michael J. Moser

Chapter 2
EAST ASIAN CULTURAL INFLUENCES
By Grant L. Kim

Chapter 3
THE IMPORTANCE OF RECOGNISING CULTURAL DIFFERENCES IN INTERNATIONAL DISPUTE RESOLUTION
By Karen Mills

Chapter 4
APPOINTMENT OF THE ARBITRAL TRIBUNAL
By Lawrence Boo

Chapter 5
THE ROLE PLAYED BY THE PARTY-APPOINTED ARBITRATOR
By Cecil Abraham

Chapter 6
THE ROLE OF THE CHAIR IN INTERNATIONAL COMMERCIAL ARBITRATION
By Neil Kaplan & Karen Mills

Chapter 7
THE ORGANISATION OF INTERNATIONAL ARBITRATION PROCEEDINGS
By Phillip Yang

Chapter 8
INTERIM MEASURES
By David A. R. Williams

Chapter 9
THE PROCESS OF OBTAINING EVIDENCE AND DISCOVERY IN ASIA
By Christopher Lau

Chapter 10
DOCUMENT PRODUCTION UNDER THE ASIAN CIVIL LAW SYSTEM
By Seung Wha Chang

Chapter 11
CONDUCT OF THE HEARINGS
By Toshio Sawada

Chapter 12
ADVOCACY AND CROSS-EXAMINATION
By Colin Y.C. Ong

Chapter 13
JUDICIAL SUPERVISION AND INTERVENTION
By Fali S. Nariman

Chapter 14
THE TRIBUNAL’S DELIBERATIONS
By Vinayak Pradhan

Chapter 15
THE ARBITRAL AWARD
By Custodio O. Parlade

Chapter 16
RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
By Michael Hwang & Yeo Chuan Tat

Chapter 17
INVESTMENT TREATY ARBITRATION
By John Savage

Chapter 18
THE ROLE OF CONCILIATION IN RESOLVING DISPUTES: A PRC PERSPECTIVE
By Wang Wenying

Chapter 19
THE ROLE OF THE THIRD PARTY NEUTRAL WHEN ARBITRATION AND CONCILIATION PROCEDURES ARE COMBINED: A COMPARATIVE SURVEY OF ASIAN JURISDICTIONS
By Sally A. Harpole

Author Detail

About the Author:

Grant L. Kim has over 20 years of experience in international arbitration and litigation. He has worked for over 15 years at Morrison & Foerster LLP in San Francisco (where he is currently Of Counsel), and for nearly 5 years at Kim & Chang in Seoul, Korea. Mr. Kim has appeared as counsel in numerous international arbitrations in Asia, the United States and Europe. He has served as a Domain Name Panelist for the World Intellectual Property Organization and is a member of the Panel of Arbitrators of the Korean Commercial Arbitration Board.