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To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal Aug 2021

To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal

Research Collection Yong Pung How School Of Law

In the wake of the global Coronavirus disease 2019 (COVID-19) pandemic, a rise in creditorinitiated winding-up proceedings is likely to be impending in coming years (See e.g., RCMA Asia Pte. Ltd. v. Sun Electric Power Pte. Ltd. [2020] SGHC 205). At the same time, geopolitical developments, such as the scale and ambition of Belt & Road Initiative projects, have raised questions over the issue of debt sustainability. Given the prevalence of arbitration clauses in modern international commercial and project agreements, the interplay and relationship between insolvency and dispute resolution, and especially arbitration, requires careful attention. While the intersections between the …


Investor-State Mediation: How The Landscape Is Changing [Sidra Survey], Nadja Alexander Apr 2021

Investor-State Mediation: How The Landscape Is Changing [Sidra Survey], Nadja Alexander

Research Collection Yong Pung How School Of Law

Slowly but surely the dispute resolution landscape is shifting for investment related disputes. More than half the respondents to the International Dispute Resolution Survey published by the Singapore International Dispute Resolution Academy (SIDRA) last year indicated that they have been involved in an investor-state dispute between 2016 and 2018. And, it is of course no surprise the majority of survey respondents indicated that institutional arbitration was the mechanism of choice to resolve investor-state disputes.


What’S Happening In International Mediation In 2021? [Sidra Survey], Nadja Alexander, Samantha Clare Man Xin Goh, Ryce Lee Mar 2021

What’S Happening In International Mediation In 2021? [Sidra Survey], Nadja Alexander, Samantha Clare Man Xin Goh, Ryce Lee

Research Collection Yong Pung How School Of Law

The Singapore International Dispute Resolution Academy (“SIDRA”) issued the global International Dispute Resolution Survey: 2020 Final Report (the “SIDRA Survey”) on 3 July 2020, which studied the preferences, experiences, and perspectives of legal users (lawyers and legal advisers) and client users (corporate executives and in-house counsel) with regard to, among other mechanisms, international commercial mediation. Previous blogs have commented on the Survey findings. The SIDRA Survey was followed by a qualitative study conducted between November to December 2020, consisting of in-depth interviews held with 18 Legal Users and Client Users from 11 countries (“SIDRA Interviews”). This post focuses on some …