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In the Asia-Pacific, thirty-eight jurisdictions have adopted the UNCITRAL Model Law on International Commercial Arbitration. This book looks at how the text and the principles of the Model Law have been implemented (or not) in key Asian jurisdictions. Most of the jurisdictions covered in this book have declared that they have adopted the Model Law but often with significant modifications. Even when jurisdictions adopt some provisions of the Model Law verbatim, their courts may have interpreted these provisions in a manner inconsistent with their goals and with how they are interpreted internationally. When a jurisdiction has not adopted the Model Law, the chapter compares its legislation to the Model Law to determine whether it is consistent with its principles. Each chapter follows the structure of the Model Law allowing the reader to easily compare the arbitration laws of different jurisdictions on each topic.
Arbitration and award --- International commercial arbitration. --- Law --- Arbitral awards --- Awards and arbitration --- Commercial arbitration --- Civil procedure --- Commercial law --- Compromise (Law) --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Conflict of laws --- Harmonization of law, International --- International harmonization of law --- International unification of law --- International uniform law --- Unification of law, International --- Uniform law, International --- International unification. --- Law and legislation --- United Nations Commission on International Trade Law. --- United Nations. Commission on international trade law --- Verenigde Naties. Commissie voor internationaal handelsrecht
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Law --- Droit --- Pluralisme juridique --- Droit et mondialisation --- Justice --- Réforme --- Administration --- Réforme
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The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
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"We owe much of our knowledge of legal diversity in Asia to the work of Barry Hooker, who appears early on to have appreciated its intrinsic interest and potentially global significance. His work in the field is, as the French say, incontournable; a nice combination of the unavoidable, the controlling and the greatly respected."
- H.P. Glenn
To honour this great scholar, this book gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
Pluralism. --- Monadology --- Monism --- Philosophy --- Reality --- Legal polycentricity --- Transnationalism. --- Trans-nationalism --- Transnational migration --- International relations --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws
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