Comparative and Foreign Law Commons^™

The Laws Of Asian International Business Transactions, Gilles Cuniberti

Washington International Law Journal

The purpose of this article is to assess the preferences of parties to Asian international business transactions when they choose the law governing their contracts. To that end, I conducted an empirical analysis of unpublished data of the four main arbitral institutions active in Asia (outside Mainland China) for the years 2011 and 2012. I found that three laws dominate the Asian market for international contracts: English law, U.S. law, and, to a lesser extent, Singapore law. This article makes three contributions. First, it documents the regional variations in parties’ preferences: the laws which are successful in Asia are different …