Publication Type

Book Chapter

Version

publishedVersion

Publication Date

2-2025

Abstract

Efforts to foster closer economic integration often focus on the alignment of standards with respect to goods and services. The harmonization of substantive regulations mitigates the inevitable friction caused by moving assets from one jurisdiction to another. In this chapter, it is argued that interna- tional arbitration plays a similar function in the Association of Southeast Asian Nations (ASEAN)-Asia relationship. By providing a neutral and reliable forum for dispute resolution, international arbitration helps manage legal diversity by creating a ‘Legal Silk Road’ on which commercial parties can engage with a familiar dispute resolution process without having to engage the local court system. The provision of common procedure – as opposed to harmonized substantive rules – enables states to facilitate cross-border trade and investment without overly intruding upon domestic regulation. Moreover, this function can also be seen at the state-state level, where arbitration has an increasingly prominent role in international agree- ments within ASEAN and between ASEAN and Asian States.

Discipline

Asian Studies | Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Reforming Arbitration Reform: Emerging Voices, New Strategies and Evolving Values

Editor

Crina Baltag & Mark Feldman

First Page

195

Last Page

209

ISBN

9789403543376

Publisher

Wolters Kluwer

City or Country

Alphen aan den Rijn

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