Dispute Resolution in AP

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As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension.

Our updated Guide to Dispute Resolution in Asia Pacific aims to provide answers to some of the basic questions a party unfamiliar with a particular jurisdiction will wish to ask when facing the prospect of having to engage in a dispute resolution process in that jurisdiction. Aspects of litigating and arbitrating across the region will, though, not only be of interest to parties once they are faced with a dispute, but also at the stage of negotiating contracts, when deciding on the choice of law and whether to include jurisdiction or arbitration clauses in favour of a particular jurisdiction.

This year, as well as including a new chapter on Laos, we have added three new questions across each of the 19 key jurisdictions that are featured in the guide covering the following areas: class actions, disclosure of electronic documents, and the service of foreign proceedings.

Other key topics covered in the guide include:

  • the basics of a legal system;
  • details on litigation and arbitration procedures;
  • if ADR is embraced in a particular country;
  • fee arrangements and third party funding; and
  • recognition and enforcement of foreign judgments.

The guide has been compiled by our network of Herbert Smith Freehills disputes specialists, with the assistance of local counsel in certain jurisdictions, led by Julian Copeman, Gareth Thomas and Priya Aswani.

To request a copy of the guide, please email asia.publications@hsf.com.

Details of other Herbert Smith Freehills guides can be found here.