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Author Towards an Asian Legal Order: Conversations on Convergance (Conference) (2018 : Singapore Management University)

Title Convergence and divergence of private law in Asia / edited by Gary Low
Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022
©2022

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Description 1 online resource
Contents Introduction / Dr Gary Low -- Uniform Law and the production and circulation of legal models / Dr Luca Castellani -- Convergence, divergence and diversity in Financial Law : the experience of the UNCITRAL Model Law on cross-border insolvency / Associate Professor Andrew Godwin -- The New York Convention and the UNCITRAL Model Law on International Commercial Arbitration : existing models for legal convergence in Asia? / Dr Michael Hwang SC -- Convergences and divergences : comparing contractual and organisational models in international regulatory cooperation / Professor Fabrizio Cafaggi -- Law as a market standard : voluntary unification in contract and Company Law / Professor Andreas Engert -- Is harmonisation of Asian Contract Law possible? The example of the European Union / Dr Mateja Durovic & Professor Geraint Howells -- The presumption of regularity in Chinese corporate contracting : evidence and prospect of regional convergence / Dr Charles Zhen Qu -- Mind the gap : studying the implementation discrepancy for the ASEAN economic community / Dr Sanchita Basu Das -- The rule of law as key to the ASEAN legal order : and how is it to be ensured? / Professor Sir Francis Jacobs KCMG QC -- How Asian should Asian Law be? An outsider's view / Professor Ralf Michaels
Summary "There have been increasing and stronger calls for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale that would include major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing amongst others that in so doing uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. That commercial law has come under the lens as a particularly suitable candidate for harmonization is, in a sense, unsurprising. It is for one ostensibly seen as a technical and relatively uncontroversial area of law, as opposed, for instance, to public law. For another, or probably for that precise reason, this area has been the historical choice for attempts at harmonizing substantive law - think of the CISG, the UCC in the United States or the recently proposed CESL in the European Union"-- Provided by publisher
Bibliography Includes bibliographical references and index
Notes Description based on online resource; title from digital title page (viewed on March 08, 2022)
Subject Commercial law -- East Asia -- International unification -- Congresses
Commercial law -- Southeast Asia -- International unification -- Congresses
East Asia.
Southeast Asia.
Genre/Form Conference papers and proceedings.
Conference papers and proceedings.
Form Electronic book
Author Low, Gary (Lawyer), editor.
LC no. 2021000360
ISBN 1108580777
9781108566391
1108566391
9781108580779