ASEAN’s Arbitration Reform in Taming the “Unruly Horse” of Public Coverage Exception (Chinese language (Taiwan) Yearbook of Worldwide Legislation and Affairs)

“Charting a New Authorized Order: ASEAN’s Arbitration Reform in Taming the “Unruly Horse” of Public Coverage Exception“
Yi Tang (PhD Candidate)
Chinese language (Taiwan) Yearbook of Worldwide Legislation and Affairs, Quantity 41, 2023, pp. 112-156
Printed on-line: December 2024

Summary: In gentle of the vital position of arbitration in resolving worldwide industrial disputes inside the quickly creating and integrating ASEAN economies, this research investigates the interpretation and software of the general public coverage exception, a significant factor within the enforcement of overseas arbitral awards, throughout ASEAN’s numerous authorized jurisdictions. It critically assesses how completely different ASEAN nations, every at various phases of arbitration improvement, method this exception. It highlights the variations in interpretation, with extra developed jurisdictions adopting a narrower method, contrasting with broader interpretations in much less developed ones, thus revealing a correlation between a jurisdiction’s degree of arbitration improvement and its method to the general public coverage exception. This research additionally observes a potential pattern in the direction of higher coherence and uniformity in current arbitration reforms throughout the area. Regardless of the challenges in harmonizing the general public coverage exception regionally, it argues for a uniform and slim interpretation, aligning with worldwide requirements to reinforce ASEAN’s attractiveness for cross-border enterprise and funding.