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Enhancing Economic Co-Operation: A Regional Arbitration Centre for Asean?

Published online by Cambridge University Press:  17 January 2008

Pearlie M. C. Koh
Affiliation:
Assistant Professor, Nanyang Business School, Singapore.

Abstract

Economic co-operation within ASEAN1 can be said to have seriously begun only at the beginning of the nineties. Prior to that, it was well known that, ASEAN as a co-operative grouping, had existed mainly with a political and strategic focus. It is with this focus that ASEAN managed to establish and maintain cohesiveness through the years despite the shaky beginnings of what has been described as a “brittle alliance” borne of a common fear of communism.2 And it is with this focus that ASEAN, as a regional grouping, has generally been hailed as a success.

Type
Articles
Copyright
Copyright © British Institute of International and Comparative Law 2000

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References

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77. This would probably require amendment to local arbitration legislation.

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80. See Boo, op. cit., supra n.52 for a consideration of the limited circumstances in which the court has jurisdiction to set aside an arbitral award.

81. S.24 provides that a court may deny enforcement of an arbitral award in cases “where the court is of the opinion that an award is contrary to the law governing the dispute, is the result of any unjustified act or procedure or is outside the scope of the binding arbitration agreement or relief sought by the party …”.

82. 2 B.D.I.E.L. (CCH) 529 (13 Dec. 1960); The Treaty was originally by Guatemala, Honduras, El Salvador and Nicaragua. Costa Rica adhered to the Treaty in 1963 but Honduras dropped out in 1969.

83. Unfortunately, the Central American Common Market essentially collapsed near the end of the 1970s due to revolution, war and other political problems, as well as economic imbalances and disruptions. However, renewed efforts at economic integration were taken by the Central American nations in 1990, although progress on this front has been rather slow: see Abbot, K. W. & Bowman, G. W., “Economic Integration in the Americas: A Work in Progress” (1994) 14 Northwestern Journal of International Law and Business 493, at p.504.Google Scholar

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105. The original members were Colombia, Chile, Peru, Ecuador and Bolivia. Venezuela became a member in 1973 and Chile withdrew in 1976.

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109. These included the Andean Investment Code (the Common Regime of Treatment of Foreign Capital and of Trademarks, Patents, Licences and Royalties, adopted 31 Dec 1970, 11 I.L.M. 126) and the Trade Liberalisation Program, Chaps.IV and V of the Cartegena Accord: Keener, op. cit., supra n.107, pp.43–44.

110. Keener, op. cit, supra n.107, pp.43–49.

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112. Keener, op. cit., supra n.107, pp.44–47.