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ADB recognizes the vital role of the private sector in promoting inclusive growth and reducing poverty across the Asia and the Pacific region. However, absent or outdated legal and regulatory frameworks and knowledge and resource constraints are barriers to unlocking private investments to support sustainable economic development in ADB developing member countries. 

 

Our Impact

ADB’s LPR Program has been assisting to establish or modernize laws fundamental to support private sector and PPP development, as well as to attract foreign direct investment and trade, including mobilizing private climate finance and investments. To ensure that laws are effectively implemented and enforced, ADB’s LPR Program also provides capacity building to key implementing parties and develops tailored knowledge resources.

Establishing an effective dispute resolution system through international commercial arbitration to attract FDI and international private climate finance

  • Supporting the accession to the New York Convention and implementing international arbitration laws based on UNCITRAL Model Law and international best practices
  • Supporting the establishment and operationalization of arbitration centers and drafting of institutional rules
  • Capacity building of judges, lawyers, and private sector and convene knowledge sharing conferences to assist client countries stay abreast of new developments

Strengthening Insolvency Systems in Asia and the Pacific 

  • Modernizing insolvency laws to address current and emerging needs of businesses and reflect the economic context of each country
  • For example, updating insolvency laws to include corporate rescue and rehabilitation processes catering specifically to micro-small and medium-sized enterprises and UNCITRAL Model Law on Cross-Border Insolvency with the internationalization of commercial transactions
     

 

Enhancing PPP Legal and Regulatory Frameworks to Create Markets and Mobilize Financing 

  • Assisting with drafting PPP laws and regulations
  • Developing bankable PPP structures and documentation
  • Capacity building of public sector agencies and government stakeholders

Strengthening Knowledge on International Investment Agreements and Regional Trade Agreements

  • Delivering capacity building to multiple stakeholders involved in the drafting, negotiation and implementation of investment treaties and free trade agreements and prevention and management of disputes
  • Advising on development of model bilateral investment treaties to align with sustainable development goals and overall investment regime
  • Producing knowledge resources such as checklists and handbooks for treaty negotiators
     

Advisory Services for Specialized Commercial Courts and Alternative Dispute Resolution Centers

  • Assisting with drafting enabling legislation and court procedures for domestic and international commercial courts
  • Supporting the establishment and operationalization of arbitration and mediation centers
     

Judicial Capacity Building and Knowledge Sharing on Commercial Laws and Practices​ 

  • Partnerships with over 30 Supreme Courts across Asia and the Pacific, as well as links to courts and experts around the globe
  • Developing targeted knowledge resources and promoting mutual exchange of best practices among judiciaries across Asia and the Pacific

ADB Hosts Strengthening Insolvency Systems in Asia and the Pacific Event

Effective Insolvency Systems:

 

  • Encourage foreign and domestic investment
  • Promote private sector development
  • Enable efficient resolution of commercial disputes

 

"These legislative and judicial reforms will enhance the ability of citizens to protect their rights and fundamental freedoms, as well as ensure true judicial independence. The Supreme Court stands ready to facilitate the incorporation of international best practices into Uzbekistan’s judicial system."

Mr. Farrukhkhon Malikov, Head of the International Cooperation Department of the Supreme Court of the Republic of Uzbekistan

 
 

LPR In Action

ADB's Law and Policy Reform Program, in partnership with the Pacific Private Sector Development Initiative (PSDI) and the United Nations Commission on International Trade Law (UNCITRAL) assisted with Papua New Guinea's (PNG) enactment of two arbitration laws which are expected to attract foreign direct investment and international private climate finance.
In partnership with the Council of ASEAN Chief Justices (CACJ), ADB’s Law and Policy Reform Program launches the first-of-its-kind e-learning platform and e-learning module on international commercial arbitration. Over 100 judges from ASEAN member states attended the event and discussed the evolution of judicial education, particularly in the era of technological advancements.
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Knowledge Sharing Dialogue with Uzbekistan and International Judges on Insolvency Law and Practice
This online seminar convened Uzbek judges and eminent international experts from the International Insolvency Institute to discuss contemporary insolvency frameworks and best practices.
ADB and the Ministry of Justice held Cambodia’s first-ever Commercial Courts Symposium on operationalizing effective and efficient commercial courts. The Symposium convened over 120 senior government officials, judges, business leaders and international experts to exchange knowledge about experiences and lessons learned in developing commercial courts around the world.
 

Knowledge Resources