The More the Merrier: Is East Asiaâs ADR Scene Missing out on Expert Determination?

Min K. Lee; Ji Hyoi Moon

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The More the Merrier: Is East Asiaâs ADR Scene Missing out on Expert Determination?

In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021

Authors:

Min K. Lee

Min K. Lee
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Ji Hyoi Moon

Ji Hyoi Moon
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Type:: Chapter

Pages:: 240â276

DOI:: https://doi.org/10.1163/9789004532069_007

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Abstract

Alternative Dispute Resolution (ADR) is growing in prominence in East Asia. However, one type of ADR that is unaccounted for in the region is expert determination, which can take the form of appraisal/valuation, or a full-fledged ADR method that is remarkably similar to arbitration. Accordingly, this Article focuses on expert determination and what it could add to East Asiaâs ADR scene if introduced. After providing a general definition of expert determination and comparing it to arbitration, this Article describes how it is practiced in other jurisdictions. Next, this Article points out that expert determination could help further vitalize ADR in East Asia due to its inherent advantages over arbitration. In particular, this Article concludes that the strongest appeal of expert determination lies in the fact that it is substantially similar to but nevertheless acknowledged as a less judicial and adversarial proceeding than arbitration. A mutual understanding between the parties in choosing expert determination over arbitration should thus help the parties amicably resolve their dispute(s) and maintain a collegial working relationship. Finally, this Article addresses how expert determination awards rendered in one jurisdiction could be enforced in another as foreign arbitral awards under the New York Convention, and argues that using this method, expert determination awards should be enforceable in Korea and possibly also in Japan.

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021

Series:Â Chinese (Taiwan) Yearbook of International Law and Affairs, Volume: 39

E-Book ISBN:: 9789004532069

Publisher:: Brill | Nijhoff

Print Publication Date:: 19 Dec 2022

Subjects
- International Law
  - International Law: Regional Perspectives
  - International Dispute Resolution & Arbitration
- International Relations
  - International Relations

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The More the Merrier: Is East Asiaâs ADR Scene Missing out on Expert Determination?

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021

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The More the Merrier: Is East Asiaâs ADR Scene Missing out on Expert Determination?