Practice of International Commercial Arbitration: A Handbook for Arbitrators and Arbitration Lawyers
| Practice of International Commercial Arbitration: A Handbook for Arbitrators and Arbitration Lawyers in Asia, 2nd Edition, (c) 2026 |
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CHAPTER 12
Judicial Support
The Hong Kong, Singapore, Mainland China, and Japan courts are all resolutely pro-international commercial arbitration. The courts of all four jurisdictions are fully supportive of parties’ agreements to have their dispute resolved through international commercial arbitration instead of litigation. Such support, however, does not mean that those courts rubber stamp the procedural and substantive decisions of arbitrators, whatever they might be. The courts’ role must also be one of scrutiny, ensuring that arbitration proceedings are not only cost-efficient and expeditious, but are also fair to the parties, especially as far as due process or natural justice and public policy are concerned.