International Arbitration in Asia – events on 23 August 2026

My hybrid presentations at Kwansei Gakuin University (Kwangaku Kaikan) SUNDAY 23 AUGUST, hosted by its Research Center for International Negotiation, Dispute Resolution and Policy (initially the day before the Japanese-US Law conference on ESG investing there but RESCHEDULED DUE TO TYPHOON) are as follows:　

  1. Speech　15:00～16: “Commercial Mediation, Arbitration and ISDS in Common Law versus Civil Law Asia: Two Steps Forward, One Step Back”
    （Abstract） As a first regional trend, commercially-supplied mediation services have become popular only in some common law jurisdictions in Asia (Singapore and Hong Kong, influenced by England and Australia). They are not widely practiced yet in Malaysia or even India (despite delays in civil litigation), nor in civil law jurisdictions in Asia (where often a longer tradition of Court-annexed mediation). This backdrop creates problems for ratifications of the Singapore Mediation Convention. Secondly, international commercial arbitration is expanding regionally but most notably in Singapore and (less?) Hong Kong. Partly this is due to delays and especially costs in arbitration. Yet the practice of Arb-Med is diminishing. Thirdly, treaty-based Investor-State Dispute Settlement arbitration remains controversial in some parts of the Asia-Pacific region. Yet there is limited experimentation eg for Med-Arb (mandatory mediation before ISDS arbitration) or an EU-style investment court compromise. Overall, international commercial dispute resolution continues to grow but with significant intra-regional variations and other challenges.
  2. Workshop: International Commercial Arbitration Moot 16:15～17:15
    As a Presiding Arbitrator of Arbitration Moot Court, Prof. Luke Nottage will ask questions, provide feedback and guidance during pleadings of students (32nd Vis-Moot Procedural Problem).
    1 Session = 10 Min/each student×2 + Feedback10 Min. ＝1 Round （30 Min.）

This will be followed by a discussion about mooting generally, led by Prof Susan-Gale Wintermuth (China-EU School of Law) (30 Min.). On that see also https://japaneselaw.sydney.edu.au/2024/02/the-vis-moot-in-japan-tips-and-tricks-for-participants/

Author: Luke Nottage

Prof Luke Nottage (BCA, LLB, PhD VUW, LLM LLD Kyoto) is founding co-director of the Australian Network for Japanese Law (ANJeL), Associate Director (Japan) of the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS), and Professor of Comparative and Transnational Business Law at Sydney Law School. He specialises in international dispute resolution, foreign investment law, contract and consumer (product safety) law.