現代英米法２

The first two classes introduce the key concepts and (often now international instruments) framing each of the four main fields, applied to Japan and Australia as baselines. The next classes look at the most active common law jurisdictions especially for international commercial arbitration in the region: Singapore and Hong Kong. The next classes compare smaller jurisdictions in Southeast Asia (Malaysia and the micro-state of Brunei), then the much larger country of India (with the most ambivalent relationship historically towards arbitration and commercial mediation). The course ends with two Pacific Island nations closely integrated with Asia: Papua New Guinea (an emerging economy with rich natural resources) and New Zealand. 1. Class 1 Introduction 2. Class 2 Japan & Australia as baselines 3. Class 3 Singapore: litigation & mediation 4. Class 4 Singapore: commercial and investor-state arbitration 5. Class 5 Hong Kong: litigation & mediation 6. Class 6 Hong Kong: commercial and investor-state arbitration 7. Class 7 Malaysia 8. Class 8 Malaysia (cont’d) & Brunei 9. Class 9 India: litigation & mediation 10. Class 10 India: commercial and investor-state arbitration 11. Class 11 Papua New Guinea 12. Class 12 New Zealand 13. Class 13 Review

Classes will be mainly lecture-based, but for each jurisdiction examined we will discuss actual or hypothetical dispute resolution scenarios including more or less well drafted arbitration clauses, investor-state dispute settlement (ISDS) case studies, or prominent lawsuits. Some expert professors or lawyers from diverse common law jurisdictions may be invited for short presentations or interviews, by videoconference or in person, with opportunities for students to question them too.

100 percent final exam (2 hour). Grading by A・B・C・F No reports will be assigned.

None in particular