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Articles 1 - 30 of 31
Full-Text Articles in Law
Mediation, Dorcas Quek Anderson, Sabiha Shiraz
Mediation, Dorcas Quek Anderson, Sabiha Shiraz
Research Collection Yong Pung How School Of Law
No abstract provided.
Arb-Med-Arb In Cross-Border Disputes, Janet C. Checkley, Nadja Alexander
Arb-Med-Arb In Cross-Border Disputes, Janet C. Checkley, Nadja Alexander
Research Collection Yong Pung How School Of Law
To satisfy the needs of an increasingly diverse set of legal cultures meeting in the global marketplace today, dispute resolution mechanisms must continually evolve. One of the recent solutions to arise out of the blending of legal cultures is evolutionary rather than revolutionary, because it is in fact not new at all: multi-tiered dispute resolution.
Contemporary Issues In Mediation (Vol 3)Joel Lee & Marcus Lim Gen Eds, Eunice Chua
Contemporary Issues In Mediation (Vol 3)Joel Lee & Marcus Lim Gen Eds, Eunice Chua
Research Collection Yong Pung How School Of Law
This is a book review of the third volume of Contemporary Issues in Mediation, published by the SingaporeInternational Mediation Institute.
Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson
Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Negotiation theory and practice have evolved at a phenomenal pace since thepublication of Fisher and Ury’s seminal work Getting to Yes.1 The sheer breadth of topics inThe Negotiator’s Desk Reference2 (“NDR”) attests to how negotiation has advanced as a multidisciplinary field. Published in 2017 to replace its predecessor The Negotiator’s Fieldbook,3the NDR comprises 101 chapters written by very prominent academics and practitioners drawnfrom a wide range of professions, disciplines and cultures. According to its editors, more thanhalf of the contents are new, reflecting the new frontiers of the negotiation field.
Premature Service Of Payment Claims Under The Building And Construction Industry Security Of Payment Act: Audi Construction Pte Ltd V Kian Hiap Construction Pte Ltd, Benjamin Joshua Ong
Premature Service Of Payment Claims Under The Building And Construction Industry Security Of Payment Act: Audi Construction Pte Ltd V Kian Hiap Construction Pte Ltd, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd, the Singapore Court of Appeal considereda payment claim to have been validly served although it was served earlier thanthe contractually stipulated date. This was because the service of the paymentclaim was “effective” only from the contractually stipulated date, and theclaimant had had a “good reason” to serve the payment claim early. This notecritically examines the reasoning in Audi vis-à-vis the existing law, the principleof freedom of contract, and the intentions of the parties in that case. In theabsence of future judicial elaboration on the “effective service” and “goodreason” doctrines, …
Singapore Case Note Part 2: What Happens When A Party To A Mediated Settlement Agreement Has A Change Of Heart?, Nadja Alexander, Shou Yu Chong
Singapore Case Note Part 2: What Happens When A Party To A Mediated Settlement Agreement Has A Change Of Heart?, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we focused on one of the plaintiff’s (Mdm Chan) allegations, namely that the co-mediators put pressure on her to sign the MSA. As readers will recall, the High Court found there was no evidence to substantiate this claim. However this was not Mdm Chan’s only argument!
Three “Pitfalls” For The Unwary: Third-Party Funding In Asia, Darius Chan
Three “Pitfalls” For The Unwary: Third-Party Funding In Asia, Darius Chan
Research Collection Yong Pung How School Of Law
For some time, practitioners would have seen news alerts headlining that third-party funding is permitted in Singapore and Hong Kong for arbitration and arbitration-related court proceedings. Digging a little deeper beyond the shiny new labels, this article highlights three practical “pitfalls” which practitioners would have to be mindful of when dealing with third-party funding in Singapore and Hong Kong.
Does Investor-State Arbitration Have A Future? Keynote Speech By Sir Christopher Greenwood, Lixin Chen, Aaron Yoong
Does Investor-State Arbitration Have A Future? Keynote Speech By Sir Christopher Greenwood, Lixin Chen, Aaron Yoong
Research Collection Yong Pung How School Of Law
SMU Asian Arbitration Lecture, jointly organised with the Centre for Cross-border Commercial Law at the Singapore Management University, took place on 18 October 2018. The distinguished event, graced by Chief Justice Sundaresh Menon, hosted a panel comprising: Sir Christopher Greenwood, DAG Lionel Yee, Judith Gill QC and Alastair Henderson (moderator). This post takes a closer look at the keynote speech delivered by Sir Christopher Greenwood
Is Article 16(3) Of The Model Law A ‘One-Shot Remedy’ For Non-Participating Respondents In International Arbitrations?, Darius Chan
Research Collection Yong Pung How School Of Law
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such “non-participating” respondents, what are the rights and obligations of each party? Specifically, insofar as Model Law jurisdictions are concerned, if a tribunal decides on jurisdiction as a preliminary issue must the non-participating respondent apply under Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to the curial Court to review that decision, or otherwise lose the right to challenge any eventual award thereafter on jurisdictional grounds? Can the non-participating …
Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander
Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander
Research Collection Yong Pung How School Of Law
In conjunction with its launch on 5 November 2014, the Singapore International MediationCentre (SIMC), in collaboration with the Singapore International Arbitration Centre (SIAC), introduced the Arbitration-Mediation-Arbitration (Arb-Med-Arb) Protocol (the AMA Protocol), aprocess that aims at combining the benefits of these two most prominent alternative dispute resolution tools.
Singapore Case Note: What Happens When A Party To An Msa Has A Change Of Heart?, Nadja Alexander, Shou Yu Chong
Singapore Case Note: What Happens When A Party To An Msa Has A Change Of Heart?, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful to reflect on the Singapore Court’s attitude towards mediation in light of the introduction of the Singapore Mediation Act (No. 1 of 2017) – which has been in effect since 1 November 2017 – and the emergence of the draft Singapore Convention on Mediation, which …
An Interview On Scholar-Practitioner-Profile With Prof. Nadja Alexander, Gläßer Ulla, Nadja Alexander
An Interview On Scholar-Practitioner-Profile With Prof. Nadja Alexander, Gläßer Ulla, Nadja Alexander
Research Collection Yong Pung How School Of Law
The following interview with Prof. Dr. Nadja Alexander (Academic Director of the Singapore International Dispute Resolution Academy, Singapore Management University, and practicing mediator) is the prelude to a Interview series (see Gläßer, ZKM 2018, 97 ff., in this issue), in which experts from different countries who shape the professional life as scholar-practitioners in the field of mediation / ADR are presented. Das nachfolgende Gespräch mit Prof. Dr. Nadja Alexander (Academic Director der Singapore International Dispute Resolution Academy, Singapore Management University, und praktizierende Mediatorin) bildet den Auftakt einer Interview-Serie (s. Gläßer, ZKM 2018, 97 ff., in diesem Heft), in der Expertinnen …
Can Mediation Survive In A World Of Trumpian Negotiators? Thought Provoking - New Thinking, Nadja Alexander
Can Mediation Survive In A World Of Trumpian Negotiators? Thought Provoking - New Thinking, Nadja Alexander
Research Collection Yong Pung How School Of Law
Berkaca pada implementasi Konvensi New York yang terbilang sukses memudahkan eksekusi putusan arbitrase, maka eksekusi aset hasil perjanjian mediasi melalui Singapore Mediation Convention bukanlah hal yang mustahil.
How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo
How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo
Research Collection Yong Pung How School Of Law
In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of civil cases to mediation. Although focused on Singapore, the results of the study also inform the referral policies of other judiciaries that similarly engage in the practice of referring cases for mediation. The study uses a rigorous method to shed light on the crucial factors to be considered by the courts in referral practice and designing of mediation …
A Contribution To The Conversation On Mixing The Modes Of Mediation And Arbitration: Of Definitional Consistency And Process Structure, Eunice Chua
Research Collection Yong Pung How School Of Law
One of the trends that has been growing in importance in international commercial dispute resolution has been the combining and mixing of modes, particularly of mediation and arbitration. Surveys of users indicate that the reason for this growth has been the perception that mixing of non-adjudicative and adjudicative modes can help to achieve certain process goals, such as international enforceability, cost-effectiveness and relationship preservation. This article first suggests an approach towards articulating the myriad ways that mediation and arbitration may be combined, focusing on mediation followed by arbitration (med-arb), arbitration followed by mediation (arb-med), and opening mediation windows in the …
Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice Chua
Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice Chua
Research Collection Yong Pung How School Of Law
This blog post discusses the themes in international dispute resolution that emerged from a panel on 25 July 2018 at the 2018 UNCITRAL Emergence Conference, moderated by Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy.
Im Skaugen Se V Man Diesel & Turbo Se [2018] Sghc 123, Adeline Chong
Im Skaugen Se V Man Diesel & Turbo Se [2018] Sghc 123, Adeline Chong
Research Collection Yong Pung How School Of Law
In IM Skaugen SE v MAN Diesel & Turbo SE [2018] SGHC 123, the Singapore High Court had the occasion to discuss and resolve various meaty private international law issues. The facts concerned the alleged negligent or fraudulent misrepresentation by the defendants on the fuel consumption of a specific model of engine that was sold and installed into ships owned by the plaintiffs. The issue before the court was whether the Singapore courts had jurisdiction over the misrepresentation claim. The defendants were German and Norwegian incorporated companies so the plaintiffs applied for leave to serve the writ out of Singapore. …
Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao
Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao
Research Collection Yong Pung How School Of Law
This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique concept in the Common Law system, the US argument may only stand if the concept may be found in the WTO legal system as well. With a careful analysis of the concept of dicta in Common Law and a close examination of the effects of past panel and Appellate …
Singapore Convention On Mediation, Nadja Alexander
Singapore Convention On Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution to name the Convention the “Singapore Mediation Convention” was also approved. This concludes three years of vigorous debate with participation by 85 member states and 35 international governmental and non-governmental organisations. Once finalised and adopted by UNCITRAL, the next step is for the UN General …
Singapore High Court Rejects Application To Adjourn Enforcement Of Foreign Arbitral Award, Wei Ming Tan, Aaron Yoong, Lixin Chen
Singapore High Court Rejects Application To Adjourn Enforcement Of Foreign Arbitral Award, Wei Ming Tan, Aaron Yoong, Lixin Chen
Research Collection Yong Pung How School Of Law
In the recent decision of Man Diesel & Turbo SE v I.M. Skaugen Marine Services Pte Ltd [2018] SGHC 132, the Singapore High Court (“HC”) rejected an application to adjourn the enforcement of an arbitral award that was also the subject of a setting aside application in Denmark, the seat of the arbitration. This case is the first of its kind in Singapore and provides clarity as to when litigants can seek an adjournment of proceedings to enforce a foreign arbitral award.
Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan
Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan
Research Collection Yong Pung How School Of Law
Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the matter”. One question that arises is, to the extent issues of evidence arise, what rules of evidence should the court apply when “decid[ing] the matter”? Does the Court apply national rules of evidence, or does the Court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny question reared its head recently in …
The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja Alexander
The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja Alexander
Research Collection Yong Pung How School Of Law
Here in Singapore, along with the rest of the world, we await the Trump-Kim Summit scheduled for Tuesday 12 June. What can we expect? While we may have learned to expect the unexpected from these two leaders, Donald Trump and Kim Jong-Un, recent media reports have highlighted one apparently predictable feature of Trump’s negotiation approach. As a CNN reporter framed it: “Trump picks ‘attitude’ over prep work ahead of Singapore summit”. In relation to the Summit, Trump has reportedly said, it is about attitude not preparation. Earlier this year as he rejected Japan’s proposal for a tripartite co-ordination of the …
New Online Service On International Arbitration, Adeline Chong
New Online Service On International Arbitration, Adeline Chong
Research Collection Yong Pung How School Of Law
The Chinese perspective on The South China Sea Arbitration, is just one of the 40+ texts searchable on the new online service, International Arbitration.The service is made up of content from three respected publishing brands (Hart Publishing, CH Beck-Nomos and Bloomsbury Professional). It provides access to materials by over 60 respected author names with the speed and convenience of online research.
A Convention On The Enforcement Of Imsas And A New Model Law, Nadja Alexander
A Convention On The Enforcement Of Imsas And A New Model Law, Nadja Alexander
Research Collection Yong Pung How School Of Law
During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements or iMSAs. The deliberations on this task commenced in 2015 subsequent to a proposal by the United States. The session were held in Vienna and New York and were chaired by Singaporean delegate Natalie Morris-Sharma.
Recent Developments Concerning Similar Fact Evidence In Singapore: Pushing The Boundaries Of Admissibility – Pp V Ranjit Singh Gill Menjeet Singh [2017] 3 Slr 66; Micheal Anak Garing V Pp [2017] 1 Slr 748, Eunice Chua
Research Collection Yong Pung How School Of Law
This piece addressestwo recent local decisions on similar fact evidence that demonstratethe court’s difficulties with reconciling the provisions of the Evidence Actwith a more flexible approach that can be developed through the common law.These two cases extend the basis for admitting similar fact evidence beyond ss11(b), 14 and 15 of the Evidence Act.The application of the common law balancing test comparing prejudicial effectand probative value has also been broadened to consider factors such as the timingof the objection to the evidence and whether a co-accused wishes to rely on thesimilar fact evidence. Yet, the cases do not discuss the conceptual …
Sgca Grants Senior Indian Advocate Ad Hoc Admission To Argue Arbitration-Related Applications, Aaron Yoong, Kartik Singh, Aaron Yoong
Sgca Grants Senior Indian Advocate Ad Hoc Admission To Argue Arbitration-Related Applications, Aaron Yoong, Kartik Singh, Aaron Yoong
Research Collection Yong Pung How School Of Law
In a reversal of the High Court’s 2017 decision, Singapore’s Court of Appeal (“CA”) recently granted unprecedented ad hoc admission for Harish Salve (“Mr Salve”) – a Senior Advocate of the Indian Bar – to be admitted to argue foreign law issues in applications to set aside an ICC arbitral award. This is the first time the Singapore courts have granted foreign counsel other than Queen’s Counsel admission to argue a case before the local courts.
Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas Quek Anderson
Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The abuse of process jurisdiction, which forms part of the doctrine of res judicata, is meant to uphold finality of litigation and prevent abusive litigation. While the jurisdiction has been applied to the original parties of earlier court proceedings, it could also prevent a person who was not part of earlier court proceedings from litigating his claim. In such circumstances, the abuse of process doctrine has to be cognisant of the commercial realities and motivations driving choices to advance separate rather than consolidated proceedings, while also protecting litigants from repeated litigation. A recent Singapore Court of Appeal decision imposed constraints …
Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis, Stefanie Schacherer
Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
Investor-State dispute settlement (ISDS) through arbitration remains in a state of legitimacy crisis and discussions on reform are ongoing. Much of the criticism is focussed on who is deciding investment dispute cases. Investment arbitrators have been called “private judges” who operate in secrecy, are biased in favour of big multinational companies and have no regard for conflicts of interest. The course of the negotiations on the Transatlantic Trade and Investment Partnership between the European Union (EU) and the United States, highlighted to what extent ISDS through arbitration is perceived as unfair and biased (at least in Europe). As a reaction …
Deferred Prosecution Agreements In Singapore?, Eunice Chua
Deferred Prosecution Agreements In Singapore?, Eunice Chua
Research Collection Yong Pung How School Of Law
On 15 January 2018, Minister for Law and Home Affairs K Shanmugam said at a dialogue organised by the Law Society that deferred prosecution agreements (DPAs) could be introduced in Singapore as part of proposed changes to the criminal justice system. DPAs are agreements by the prosecutor to suspend prosecution of a corporate entity if it complies with specific conditions. If the corporation fails to comply with the conditions, the prosecution may resume. This post examines the case for and against DPAs and explores the issues they may present in the Singapore context.
Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas Quek Anderson
Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Mediation has been plagued with a problem of legitimacy. Genn stated that mediation “does not contribute to substantive justice because mediation requires the parties to relinquish ideas of legal rights during mediation and focus, instead, on problem-solving”. Mediation appears to be all about procedural justice, a concept that is associated with perceptions of fair treatment. And procedural justice does not seem to have any discernible link with substantive justice, in terms of giving effect to well-accepted norms.This blog entry is drawn from a paper that was presented at the Australasian Dispute Resolution Research Network 6th Annual Roundtable and the LSAANZ …