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Full-Text Articles in Law
Investment Arbitration Under The Spotlight - What Next For Asia, Fali Nariman
Investment Arbitration Under The Spotlight - What Next For Asia, Fali Nariman
2010 Herbert Smith Freehills-SMU Arbitration Lecture Series
This lecture will provide an analysis of recent developments in investment arbitration in Asia with a particular focus on the role played by bilateral and multilateral agreements in the region. A number of countries, particularly in South-East Asia and South Asia have engaged in investment arbitration in the last couple of years. Indonesia has reportedly signaled its intention to terminate its bilateral investment treaties, following the example of several Latin American countries in recent years. Will India also act on its stated intention to whittle down arbitration protections afforded to investors under Bilateral Investment Treaties? Will other states in the …
The Presumption Of Resulting Trust: A New Era?, Man Yip
The Presumption Of Resulting Trust: A New Era?, Man Yip
Research Collection Yong Pung How School Of Law
This entry is written in anticipation of the forthcoming appeal against the recent High Court judgment in Mak Saw Ching v Yam Hui Min, Barbara Rebecca [2014] SGHC 212. The appeal shall provide a further opportunity for the Court of Appeal to clarify and refine the law on the presumption of resulting trust after the important decision of Chan Yuen Lan v See Fong Mun [2014] 3 SLR 1048 released earlier this year. However, the High Court judgment is not to be missed as well. The decision highlights interesting issues for the appellate bench’s consideration, and could be the forerunner …
Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander
Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. Despite the apparent advantages of mediation and the international regulatory activity outlined above, cross-border commercial mediation practice has been slow to develop. At dispute resolution conferences and other get-togethers, mediators and other ADR advocates ask themselves, “Why”? While there is little empirical …
Empirical Study On International Commercial Mediation And Conciliation, Nadja Alexander
Empirical Study On International Commercial Mediation And Conciliation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the preliminary results from the empirical study on international commercial mediation and conciliation are presented.
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Research Collection Yong Pung How School Of Law
No abstract provided.
Do We Need Laws To Help Us Say Sorry?, Nadja Alexander
Do We Need Laws To Help Us Say Sorry?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the role of an 'apology legislation' is illustrated.
Public-Private Partnership: The Chinese Dilemma, Henry S. Gao
Public-Private Partnership: The Chinese Dilemma, Henry S. Gao
Research Collection Yong Pung How School Of Law
As noted by Greg Shaffer in his book ‘Defending Interests: Public-Private Partnerships in WTO Litigation’, the US and EU have different approaches to public-private partnership in dealing with foreign trade barriers: the former tends to be more ‘bottom-up’, while the latter tends to be ‘top-down’. Inspired by Shaffer’s work, this article examines China’s experience in establishing public-private partnership. Initially, China appeared to prefer the American approach by adopting the Rules on Trade Barrier Investigation (TBI), which empowers domestic firms to petition the government directly to launch investigation against foreign trade barriers. However, since 2005, China seems to have shifted to …
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Research Collection Yong Pung How School Of Law
No abstract provided.
Settlement – A Mediator’S Prayer, Nadja Alexander
Settlement – A Mediator’S Prayer, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the post on the Kluwer Mediation Blog, the first published poetic piece on mediation ‘A Mediator’s Prayer’ by Hong Hong mediator, lawyer and poet, TK Iu, is applauded.
Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen
Research Collection Yong Pung How School Of Law
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some thoughts on the discussions on the New York Convention for Mediation are presented.
Our Best Negotiators Are Humble People…, Nadja Alexander
Our Best Negotiators Are Humble People…, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some excerpts from the interview with one of Hong Kong’s leading police negotiators, Dr. Gilbert Wong, about his work as a crisis negotiator and his lessons for life and business are presented.
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the key to crisis negotiating is explored.
Nudging Cross-Border Mediation Forward, Nadja Alexander
Nudging Cross-Border Mediation Forward, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, nudging as a way to help people make good decisions is explained in the context of mediation.