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CHAN, International Disputes, the Execution of Foreign Arbitral Awards in the Asia Pacific and Two Case Studies (2015) 28 NYILR 1

The majority of matters that are arbitrated in the international arena are construction dis-putes involving claims for damages for breach of contract. The primary reasons for the increas-ing popularity of arbitration are flexibility, expertise on the arbitral panel, and the attraction of the assumed ease of enforcement in countries that are parties to the New York Convention (the Convention1). Not only does arbitration provide a neutral forum for parties engaging in inter-national commerce, but the consensual nature of arbitration, the relaxation of the rules of evi-dence, the limited availability of cross-examination, and the exchange of written submissions means that arbitration should, hypothetically, offer a just, cheap, and quick resolution to com-mercial disputes. However, there is a gap between the ideals of efficient justice and the reality of problems with enforcement, especially in countries with weak rules of law.

The article can be downloaded here