This introductory Chapter outlines the trajectory of two growing fields of cross-border dispute resolution - international commercial arbitration (Part I of the Book) and international investment treaty arbitration (Part III) - as well as some crossovers (Part II). Australia and Japan, bearing important similarities in both fields and a few significant differences, are examined in Asia-Pacific and global contexts. An evolving and complex tension emerges between more formal versus informal approaches within international arbitration (‘in/formalisation’) and between globalisation and national or local circumstances (‘glocalisation’). International arbitration was first quite informal yet global, then became more formalised under growing influence of the common law tradition. It then saw some pushback towards more informal (or at least speedier) arbitrations amidst further globalisation over the 1990s, a tendency now re-emerging amid the COVID-19 pandemic. Yet the last 10-15 years have seen resurgent costs and delays, which could well resurface.
-
Front Matter
-
PART I: International Commercial Arbitration in Japan and Australia
-
PART II: Crossovers from International Commercial to Investor-State Arbitration
-
PART III: Investor-State Arbitration and International Investment Treaties
