Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic

In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR).

The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all?

With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.

table of content

Foreword

Acknowledgments

List of Contributors

Preface: About This Book and Its Organisation

Introduction: Justice in a Globalised Age

Chief Justice Sundaresh Menon (Supreme Court of Singapore)

Part I: What Is an International Commercial Dispute?

1. A Bird's Eye View of International Commercial Dispute Resolution

Pak Hei Li (Sir Oswald Cheung's Chambers, Hong Kong)

2. International Commercial Dispute Resolution as a System

Chief Justice James Allsop (Federal Court of Australia) and Samuel Walpole (University of Queensland, Australia)

Part II: The Swinging Pendulum: International Commercial Arbitration and the Rise of Specialist Commercial Courts

3. The Landscape of International Commercial Courts (ICCs)

Jianping Shi (Shanghai University of Political Science and Law, China)

4. The Driving Forces Behind the Swinging Pendulum

Sir Bernard Eder (Singapore International Commercial Court)

Part III: David and Goliath: Investor-State Dispute Settlement

5. An Introduction to Investor-State Dispute Settlement (ISDS)

Jianjian Ye (Quinn Emanuel's New York Office, USA)

6. The Way Forward in Investor-State Dispute Settlement: How Do We Balance between the Needs of States and the Demands of Investors?

Anselmo Reyes (Doshisha University, Japan)

Part IV: The Perfect as the Enemy of the Good: The Importance of Finality and Certainty

7. The Need for Finality and Certainty in International Commercial Dispute Resolution

Wilson Lui (University of Hong Kong)

8. Towards the Just Resolution of Disputes: How Do We Balance between Commercial Certainty and Achieving the Right Result?

Justice Nallini Pathmanathan (Federal Court of Malaysia) and Joanne Tan (Federal Court of Malaysia)

Part V: The Lex Mercatoria and the Convergence of International Commercial Law

9. An Anatomy of the Lex Mercatoria

Jason Lin (London School of Economics and Political Science, UK)

10. Developing the Lex Mercatoria

Tiong Min Yeo (Singapore Management University)

Part VI: The Impact of COVID-19

11. How the Pandemic Has Changed the Landscape of International Dispute Resolution

Cedric Yeung (Temple Chambers, Hong Kong)

12. Shaping the Future of International Dispute Resolution

Douglas Jones (Singapore International Commercial Court) and Lord Jonathan Mance (Singapore International Commercial Court)

Conclusion: Transnational Dispute Resolution, International Commercial Courts and the Future of International Commercial Law

Pamela Bookman (Fordham University, USA) and Alyssa King (Queen's University, Canada)

Postscript

List of Participants in the Judicial Roundtable

Index