社论

IF 0.6 3区 社会学 Q2 LAW Asian Journal of Law and Society Pub Date : 2021-10-21 DOI:10.1017/als.2021.30
Jingzhou Tao
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引用次数: 0

摘要

就在新冠肺炎疫情席卷全球之前,季卫东教授与我联系,为本出版物出版了一期关于亚太地区国际仲裁的特刊。我有点犹豫,因为国际仲裁并不是一个真正的学术课题,而是一个务实的问题。然而,季教授喜欢有一期关于这一主题的特刊,这一事实很好地表明了学术界对亚洲仲裁的兴趣。亚洲仲裁确实对国际商法具有当代和未来的实际意义。亚洲国际仲裁值得关注的原因有很多。在过去二十年中,亚洲已成为新兴的国际仲裁中心;不仅越来越多的亚洲仲裁机构在该地区设立,这些中心的国际仲裁案件越来越多,而且一些传统的西方国际仲裁机构也来到亚洲,并在香港、新加坡、上海等城市开设了办事处。仲裁是跨国企业界首选的争端解决手段。仲裁程序的成本效益、灵活性和保密性,以及仲裁裁决的国际可执行性,鼓励许多国际企业经营者选择仲裁,这样他们未来的争端就不会落入据称独立性和公正性值得怀疑的国家法官之手。当一个国家的法治记录有些平庸,外国商人不想进入“国内司法”法律程序时,情况尤其如此。随着案件量的增加,人们希望改进仲裁方式。事实上,仲裁在过去几十年中不断改进,亚洲也不例外。关于效率和透明度的同一问题,手祖浩之和小田美弘在地理上更为狭窄和类型上更大的背景下处理了效率和透明度问题;他们从日本替代争端解决(ADR)的最新发展中审视效率和透明度问题。日本是世界上最大的经济体之一,拥有世界上最发达的技术之一。然而,无论是从日本律师事务所的国际化还是从日本仲裁机构的发展角度来看,日本都相当落后。在过去的几年里,日本通过颁布新的法律、建立新的机构和实施新的技术,加倍努力纠正这种落后状况。Alvin Yeo和Chan Hock Keng的论文涉及疫情期间的仲裁和法院案件处理,以适应国内和国际旅行限制。电子诉讼系统和视频会议突然成为
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Editorial
Right before the COVID-19 pandemic swept across the whole world, Professor Ji Weidong contacted me for a Special Issue on international arbitration in the Asia-Pacific region for this publication. I was somewhat hesitating in a sense that international arbitration is not really an academic subject, but rather a pragmatic matter. However, the mere fact that Professor Ji likes to have a Special Issue dealing with the subject was a good indication that the academic community is interested in arbitration in Asia. Arbitration in Asia can indeed have contemporary and future practical importance for international business law. The reasons why international arbitration in Asia warrants attention are multifold. For the last two decades, Asia has become the emerging international arbitral centre; not only were more and more Asian arbitration institutions set up in the region and those centres have increasingly more international arbitration cases, but also several traditional Western international arbitration institutions have come to Asia and opened their offices in cities such as Hong Kong, Singapore, Shanghai, etc. Arbitration is a preferred dispute-resolution means for the transnational business community. The cost-effectiveness, flexibility, and confidentiality of the arbitration proceedings together with the international enforceability of arbitration awards have encouraged many international business operators to choose arbitration so that their future dispute will not fall into the hands of national judges whose independence and impartiality are allegedly questionable. This is particularly true when the rule-of-law record of a country is somewhat mediocre and foreign business people do not want to get into a “home justice” legal procedure. With the case-load increase comes the desire to improve the way to conduct arbitration. Indeed, arbitration has been constantly improved over the last several decades and Asia is not an exception. On the same issue of efficiency and transparency, HiroyukinTezuk and Mihiro Koeda have dealt with the efficiency and transparency in a geographically more narrow and typologically larger context; they look at efficiency and transparency issues from the latest development of alternative dispute resolution (ADR) in Japan. Japan is one of the biggest economies and has one of the most developed technologies in the world. However, from both the internationalization of Japanese law firms and the development standpoint of Japanese arbitration institutions, Japan was quite lagging behind. Over the last several years, Japan has doubled its effort to rectify this backwardness by promulgating new laws, setting up new institutions, and implementing new technics. Alvin Yeo and Chan Hock Keng’s paper deals with the arbitration and court-case handling during the pandemic to adapt to domestic and international travel restrictions. Electronic litigation systems and video conferencing have very suddenly become the
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来源期刊
CiteScore
1.50
自引率
0.00%
发文量
31
期刊介绍: The Asian Journal of Law and Society (AJLS) adds an increasingly important Asian perspective to global law and society scholarship. This independent, peer-reviewed publication encourages empirical and multi-disciplinary research and welcomes articles on law and its relationship with society in Asia, articles bringing an Asian perspective to socio-legal issues of global concern, and articles using Asia as a starting point for a comparative exploration of law and society topics. Its coverage of Asia is broad and stretches from East Asia, South Asia and South East Asia to Central Asia. A unique combination of a base in Asia and an international editorial team creates a forum for Asian and Western scholars to exchange ideas of interest to Asian scholars and professionals, those working in or on Asia, as well as all working on law and society issues globally.
期刊最新文献
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