Law Commons^™

Final Report And Collaborative Action Plan, Maryland Commission On The School-To-Prison Pipeline And Restorative Practices

C-DRUM Publications

Report to the Maryland Governor and General Assembly Pursuant to House Bill 1287 (2017).

Juries In U.S. Patient Cases: A Comparative Portrait Of The Boundaries Of Democracy, Neil M. Browne, Nancy K. Kubasek, Alex Q. Jacobs

Economics Faculty Publications

No abstract provided.

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.

Mediation, Dorcas Quek Anderson, Sabiha Shiraz

Research Collection Yong Pung How School Of Law

No abstract provided.

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.

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.

Updates To The Uncitral Legislative Guide On Privately Financed Infrastructure Projects, Brooke Guven, Motoko Aizawa

Columbia Center on Sustainable Investment Staff Publications

CCSI, jointly with The Observatory for Sustainable Infrastructure, submitted comments to the UNCITRAL Secretariat regarding updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects. CCSI’s comments focused on the need for an updated guide, which will now refer to Public Private Partnerships, to holistically and systematically incorporate considerations of: (1) sustainable development and the SDGs, (2) rebalancing of the public versus private nature of PPPs, (3) transparency, participation, accountability, and remedy, (4) empirical evidence-based assessments of contexts in which PPPs may be desirable, (5) objectives of investment and PPPs, (6) human rights, (7) labor, (8) climate change, …

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!

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, …

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

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

A Conversation With Professor William W. (Rusty) Park, William W. Park

Faculty Scholarship

ABBY COHEN SMUTNY*: The ITA’s Academic Council has an interesting and very useful project, which is called Preserving Perspectives. It is a project to interview leading arbitrators regarding the development and evolution of international arbitration. This has led to a series of wonderful videos that are posted on ITA’s website. These videos are a tremendously rich resource and I encourage you to check them out on ITA’s website.

I’m now delighted to introduce to you the next interview in this important series. Professor and member of our academic council Catherine Rogers will be interviewing Professor Rusty Park, and …

How Can Practitioners Help Clients Assess Their Interests And Risks In Litigation?, John Lande

Faculty Blogs

This post summarizes the discussion at a Quinnipiac-Yale Dispute Resolution Workshop. It highlights some practical ideas that the audience suggested about clients’ interests, timing of discovery and mediation, possible trial outcomes, legal fees, consequences of litigation, and decision fatigue in “marathon mediations.”

C-Drum News, Fall 2018

The C-DRUM News

No abstract provided.

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 …

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 …

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

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.

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.

Reality-Testing Questions For Real Life And Simulations – And Ideas For Stone Soup Assignments, John Lande

Faculty Blogs

Although litigants and their lawyers may generally recognize that litigants will incur some intangible costs, they often do not consider the numerous intangible ways that litigants can be harmed and do not carefully assess these costs when making litigation decisions. Sometimes litigants’ intangible costs are much more important to them than the tangible costs. This post provides detailed descriptions of some of these costs, and includes questions that lawyers and mediators should ask clients to identify and value intangible costs.

What Do Litigants Really Want?, John M. Lande

Faculty Blogs

This post discusses Donna Shestowsky’s article, Inside the Mind of the Client: An Analysis of Litigants’ Decision Criteria for Choosing Procedures. Her study found that the decision-making factor that subjects most often cited was their lawyers’ advice. Donna argues, “Given the extent to which litigants are predisposed to following their lawyers’ advice about which procedures to use, lawyers should attempt to understand their clients’ interests, values, and objectives before sharing their personal evaluations of procedures to avoid imposing their own views.”

Outcome Report Of Roundtable On International Investment Regime And Access To Justice, Michelle Chan, Kanika Gupta, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

On October 18, 2017, the UN Working Group on Business and Human Rights and the CCSI co-hosted a one-day roundtable on the impacts of the international investment regime on access to justice for investment-affected individuals and communities.

Held at Columbia University in New York, the roundtable brought together 32 individuals from civil society organizations, communities affected by investments at the heart of investor-state claims, governments, academia, donor organizations, UN mandate holders, and other stakeholder groups. The roundtable provided an opportunity for participants to: (i) explore and assess the specific impacts of international investment agreements and investor-state dispute settlement on access …

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. …

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.

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 …

2001 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2000 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2002 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2003 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.