Post-award Interest in the Asia-Pacific

About this book:

Post-Award Interest in the Asia-Pacific, a trailblazing book responding to the lack of attention paid to this grave but often overlooked area, provides an in-depth analysis of all relevant questions surrounding post-award interest in international arbitration, ensuring comprehensive coverage of all relevant issues in major Asian Pacific and Middle Eastern jurisdictions.

The Yukos Awards are among the most extensively discussed awards in international arbitration. What does not receive the “interest” it deserves is that post-award interest has added USD 7 billion to the awarded value—making a remarkable impact on the most significant case to be handled via international arbitration. Even though post-award interest can have significant real-world consequences, most attention in academic literature is limited to pre-award interest. Either post-award interest is ignored altogether, or there is not enough appreciation of the complex questions (regarding conflict of law, and specific jurisdictional issues, among others) central to any reasonable discussion of post-award interest.

What’s in this book:

In this book, where an entire chapter is devoted to each jurisdiction, a leading lawyer has contributed a chapter that analyzes all possible questions a reader may have concerning the law on post-award interest in that jurisdiction. The eighteen jurisdictions that have been covered are: Australia, Hong Kong, India, Indonesia, Japan, Malaysia, Myanmar, New Zealand, Pakistan, the People’s Republic of China, the Philippines, the Republic of Korea, Singapore, Taiwan, Thailand, Qatar, United Arab Emirates, and Vietnam. Each chapter furnishes a thorough analysis of the law on post-award interest, including questions of private international law while synchronously delivering pragmatic guidance on the following issues:

• power to award post-award interest;
• determination of applicable rate;
• conflict of law issues;
• procedural questions;
• public policy issues; and
• role of national courts.

The book has been crafted to ensure that readers would find it easy to use, with every author responding to the same questions, making comparative research across jurisdictions very easy and efficient.

How this will help you:

Parties and counsel involved in arbitral proceedings with a nexus to the jurisdictions covered in this book and arbitral tribunals will find the insights provided valuable when seeking or awarding post-award interest. From an academic perspective, this publication will induce further debate on the topic. Policymakers may also take inspiration from comparing the approach taken in other jurisdictions on matters of post-award interest when refining the legal framework in their home jurisdictions. This book will hopefully contribute to the ongoing efforts to bring about consistency and predictability in how tribunals deal with damages in general and post-award interest in particular.