Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Dispute Resolution and Arbitration

Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo Dec 2005

Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …


Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt Jan 1996

Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt

Journal of Dispute Resolution

The purpose of this article is to more fully describe the concept of postsettlement settlements, to discuss the assumptions upon which it is based, to critique the concept, and to make proposals that will assist third-party intervenors in achieving advantageous post-settlement settlements. Since the goal of post-settlement settlements is to increase conflicting parties' joint gains, the concept of joint gains must be first addressed.