ALSA Academic Journal

AJLS: About Us and Law Reviews

AJLS: About Us and Law Reviews

12698173_657935574344676_5731150353409892965_o

The Asian Journal of Legal Studies is the flagship journal of the Asian Law Student’s Association. It publishes articles relating to the study of the legal system of Asian countries, and feature comparative legal analysis, and broader issues on legal reform in individual countries. The Journal fulfills the need for increased communication and enhancement of understanding of legal studies among Asian countries by serving as a platform for contributors to express their views on Asian legal affairs. Through its wide dissemination of articles, the Journal hopes to serve a broader Asian community.

The Journal’s contributors and audience include students, academics, professionals and others interested in the field of Asian Legal Studies. It is an open-source Journal with its volumes accessible to all interested persons. The Journal is also sent out to all ALSA affiliates and may be published in hard-copy form.

ALSA’S Law Review is a compendium of law reviews submitted from a carefully chosen pool of contributors in each national chapters. The journal seeks to provide ALSA members with a tool to enhance their academic writing skills and researching skills. The topic of law review will be aimed at the contemporary legal issues that affects the international interests.

THE APPLICATION OF BASIC PRINCIPLES OF LAW OF THE SOCIALIST REPUBLIC OF VIETNAM AS A GROUND FOR NON-RECOGNITION OF FOREIGN ARBITRAL AWARDS

THE APPLICATION OF BASIC PRINCIPLES OF LAW OF THE SOCIALIST REPUBLIC OF VIETNAM AS A GROUND FOR NON-RECOGNITION OF FOREIGN ARBITRAL AWARDS

Pham Van Hung

Phan Khanh Ha

ALSA National Chapter: Vietnam

  1. Introduction

To incorporate the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (hereinafter the “New York Convention”) in domestic law after ratifying it on September 12, 1995, the Vietnamese National Assembly issued the Ordinance on Recognition and Enforcement of Foreign Arbitral Awards 1995, which was subsequently replaced by the Civil Procedure Code (hereinafter CPC) 2004,[1] and then by the CPC 2015.[2] Article 459, previously Article 370 in CPC 2004, which sets out the grounds on which a court shall not recognize or enforce a foreign arbitral award is a transposition of Article V of New York Convention. However, instead of using “public policy”, this article refers to “basic principles of law of the Socialist Republic of Vietnam” as a ground for non-recognition and non-enforcement of foreign awards.

  (more…)

Arbitrability of consumer disputes in Thailand

Arbitrability of consumer disputes in Thailand

 

Nantanat Thawilanusorn,

Vanchai Chaichuchanapai

ALSA National Chapter: Thailand

Introduction

This article presents the indefinite restriction or prohibition of arbitrability of consumer disputes in Thailand. Arbitrability of disputes relates to the concept of party autonomy in arbitration, where contractual parties decide what kinds of disputes that have arisen or will arise in the future are to be submitted to arbitration. Nonetheless, such autonomy may be restricted or prohibited by states.

(more…)

The Conflict of Arbitration in China and Taiwan

The Conflict of Arbitration in China and Taiwan

 

Joe Cai

 

ALSA National Chapter: Taiwan

  1. Introduction

Due to the thriving commercial intercourses between Taiwan and China, the commercial issues are brought up frequently. The arbitration system which is prompt and flexible[1] seems to be a valuable choice for businessmen. However, besides the jurisdiction problems that many researches had worked on it, the problems of the arbitration system including the decision of the applicable law. This legal review aims at providing the ideas about the confliction of choosing the applicable law of arbitration within the two substantively different legal districts.

            (more…)

Mediation Applied to Family Law in Singapore

Mediation Applied to Family Law in Singapore

 

Gladys Yeo

Chua Zhan Teng

ALSA National Chapter: Singapore

Introduction

Wong Meng Meng SC, Ex-President of the Law Society of Singapore, asserted that “access to justice…need not be synonymous with access to the courts.”[1] Indeed, it should be the idea that aggrieved citizens should have a chance to seek redress through both formal and informal institutions in an efficient manner, on an equal playing field.[2]

In Singapore, a staggering number of litigants in the family courts are unrepresented.[3] These litigants-in-person are usually unfamiliar with legal procedures and processes. Additionally, a significant proportion are of low education and may not even be fluent in English – the working language of the courts.[4] In Singapore, Court Friends may assist litigants-in-person, but are unable to represent them in proceedings.[5] Even with the simplification of court processes brought about by the 2014 Family Justice Act,[6] this group remains inherently disadvantaged in the adversarial formal litigation process. (more…)

Significant Features of Arbitration Laws of Myanmar Before and After Its Accession to New York Convention

Significant Features of Arbitration Laws of Myanmar Before and After Its Accession to New York Convention

 

Nwe Mon Mon Oo

Hanni Win Thein

ALSA National Chapter: Myanmar

Myanmar has formally become one of the members of the New York Convention on 15th July 2013 and adopted the new Arbitration Law on 5th January 2016. Before its accession to the New York Convention, Myanmar practiced Arbitration according to the 1944 Arbitration Act[1]. Significant features of 1944 Arbitration Act included the distinctive role of Courts in Arbitration and the enforceability of awards in Myanmar. In the 1944 Act, a strong influence of Courts in arbitral matters can be seen distinctively. Court are empowered to perform appointment, removal and replacement of arbitrators as well as to discharge the arbitration. On the other hand, the Arbitration Law 2016 has largely adopted the provisions provided in the UNCITRAL Model Law enabling the enforcement of foreign arbitral awards within the country and further advances in the process such as in the appointment of the arbitrators, in the role of courts, in enforcement and setting aside etc.

(more…)

Lex Arbitri, Choice of Procedural Law on International Commercial Arbitration in Malaysia

Lex Arbitri, Choice of Procedural Law on International Commercial Arbitration in Malaysia

 

Yeap Yee Lin

 Jonathan Chong

 Jessica Lim Wei Zhen

 Chee Hoey Lyn

 Loy Sing Zhi

ALSA National Chapter Malaysia

Abstract

Parties to commercial disputes around the world are now more inclined to agree to arbitration instead of resorting to the national courts in an effort to avoid the jurisdictional and choice-of-law uncertainties that arises when international disputes are litigated in national courts. This is however not always the case because international commercial arbitration can create its own set of issues on choice-of-law.

Issues on choice-of-law can generally be classified into 5 categories. First of all, laws governing the parties’ capacity to enter into an arbitration agreement; second, the law governing the arbitration agreement and the performance of the contract; third, the law governing the existence and proceedings of the arbitral tribunal; fourth, the law, or the relevant legal rules, governing the substantive issues in dispute; and the fifth category on the law governing recognition and enforcement of award.[1]

(more…)

Challenges of Arbitration in Macao

Challenges of Arbitration in Macao

 

Cai Yiying

ALSA National Chapter: Macao

Introduction 

As we know, given the success of the New York Convention 1958 with 158 convention-states as members, arbitration is not only an alternative in dispute resolution process, but indeed the mainstream dispute resolution process that involves cross-border transactions. Why do we need to promote the development of arbitration in Macao?

(more…)