ABSTRACT

The Asian experience in resolving international trade disputes of both private and public nature tends to confirm this reputed Asian aversion to adversarial processes where parties move from dispute toward resolution of their disputes. A cultural fusion between Eastern and Western models is gradually occurring. This cultural fusion is making Asian traders more amenable to adversarial dispute-resolution processes, long the domain of the West. While the preference for less adversarial dispute resolution methods, such as mediation, is certainly still alive, Asians engaged in international trade are increasingly willing to accept arbitration, and even litigation, depending on the hospitality of the forum. Where disputes arise between states within the Asian region, several regional economic organizations are available for dispute resolution, having recently developed that capability. The majority of Asian nations have now acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.