This article surveys how dispute resolution in Asia has evolved alongside the growth of regional trade and investment. Rapid economic growth has placed heavy caseloads on courts, making litigation a less efficient option for commercial disputes and increasing the importance of arbitration and other alternative mechanisms. The article reviews the developments behind this shift: the accession of most Asian states to the New York Convention and the ICSID Convention, the modernisation of arbitration laws along the lines of the UNCITRAL Model Law, and the multiplication of bilateral investment treaties and investment chapters in free trade agreements. It offers businesses operating in Asia an overview of the dispute-resolution options available to them.
Kun Fan serves as arbitrator and mediator in international commercial and domain name disputes, working in English, Chinese and French.