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International Arbitration Yearbook

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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2022-2023 – Australia

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A. LEGISLATION AND RULES A.1 Legislation International arbitration in Australia continues to be governed by the International Arbitration Act 1974(Cth) (IAA). There have been no amendments to the IAA in the past year. Australia has entered into two new free trade agreements, one with 14 other Indo-Pacific countries and one with India. The Regional Comprehensive Economic Partnership Agreement (RCEP) entered into force on 1 January 2022 with 10 original parties: Australia, Brunei Darussalam, Cambodia, China,…

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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2022-2023 – Thailand

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A. LEGISLATION AND RULES A.1 Legislation International arbitration in Thailand continues to be governed by the Arbitration Act, BE 2545 (2002) of Thailand, with its latest legislative amendment made in 2019 (“Arbitration Act”). A.2 Institutions, rules and infrastructure There is no change in arbitration rules of the leading arbitration institutes in Thailand. B. CASES B.1 Recognition and enforcement of an arbitral award on legal costs Section 46(1) of the Arbitration Act provides: “In the case…

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In Europe

Baker McKenzie International Arbitration Yearbook 2022-2023 – Türkiye

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A. LEGISLATION AND RULES A.1 Legislation International arbitration[1] seated in Türkiye is governed by the International Arbitration Law of 2001 (IAL),[2] while domestic arbitration not involving a foreign element is governed by the Code of Civil Procedure of 2011 (CCP).[3] The provisions in these two codes were both inspired by the UNCITRAL Model Law; therefore, they can be characterized as reasonably standard and arbitration-friendly. The recognition and enforcement of foreign arbitral awards in Türkiye is…

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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2022-2023 – Philippines

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A. LEGISLATION AND RULES A.1 Legislation Enacted in 2004, Republic Act No. (RA) 9285, or the Alternative Dispute Resolution Act (“ADR Act”), continues to be the principal governing arbitration law in the Philippines. It adopted the 1985 version of the UNCITRAL Model Law for international arbitrations seated in the Philippines, and expressly recognized the application of the New York Convention (to which the Philippines acceded in 1967) in the Philippines. The ADR Act has not…

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