Originally from:
The Art of Advocacy in International Arbitration - 2nd Edition - Hardcover
The Art of Advocacy in International Arbitration - 2nd Edition - Electronic
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Chapter 23
THE ASIAN PERSPECTIVE AND
PRACTICE OF ADVOCACY
Christopher Lau
I. Introduction
In no other region in the world is there as great a diversity in
race, language, culture, religion and legal systems as in Asia. India
alone lists twenty-one distinct languages with twenty-one distinct
cultures and nine religions. Western colonialism in Asia, as elsewhere,
left a legacy of western law, which over time has merged with Asian
legal traditions and continues to influence many Asian legal systems
with varying degrees of intensity and visibility.1 Whereas arbitration
as a tool for resolving disputes in Singapore and Hong Kong is
widely used, in other Asian jurisdictions such as Vietnam, the use of
arbitration is relatively new. Most Asian states have ratified the two
major international arbitral Conventions,2 some states have adopted
or adapted in their arbitration legislation the UNCITRAL Model Law
on International Commercial Arbitration but others have not3. Major
political changes in China, not only opened its market to foreign
investors but also brought along arbitration as a preferred dispute
resolution mechanism. However, "in the light of the striking mosaic
of physical, economic, linguistic, cultural and political differences it is
hardly surprising that there are substantial variations in legal systems
and approaches to dispute resolution across the continent".4 This
chapter which discusses advocacy in Asia is written in the context of
such Asian diversity.
CHRISTOPHER LAU is an arbitrator in international and
domestic arbitrations involving ICC, UNCITRAL, LCIA, SIAC,
HKIAC & KCAB Rules and in ad hoc arbitrations in commercial
disputes including disputes in relation to power plant projects, joint
ventures, sale & acquisition of companies, international investments,
maritime, insurance and building & construction. He has also been
appointed as mediator by ICDR. Recent arbitral appointments
include chairman of the tribunal in a marine insurance dispute in
Indonesia; in a ship construction dispute in Australia and in
Scandinavia; in a power plant dispute in South Asia; in a bridge
construction dispute in East Asia; in joint venture/contractual
disputes in China; in an oil rig construction dispute in the Middle
East; as co-arbitrator in a synthesis gas plant dispute in North Asia; in
a joint venture property development dispute in China; in an
acquisition dispute in Asia; in a container terminal investment dispute
in Asia; in an energy investment related dispute in the Americas; and
as sole arbitrator in a dispute relating to a Bond Subscription & Joint
Venture agreement and in a maritime dispute. Recent mediation
appointment include mediator in an international contractual dispute
governed by the laws of the State of New York. Christopher is a
contributor to the Singapore Chapter in Arbitration World, 2nd Edition,
Publishers, European Lawyer; a chapter on the process of obtaining
evidence and discovery in Asia in Juris’ Asian Leading Arbitrators'
Guide to Arbitration; IGLG’s International Arbitration 2007, 4th Edition;
IGLG’s International Arbitration in Asia Pacific: Regional Overview and
Recent Developments; and a Consultant in Singapore Court Practice
2006.
