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Full-Text Articles in Social and Behavioral Sciences

A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson Aug 2020

A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson

Research Collection School Of Law

This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi-legal grounds impacting the enforcement of mediated settlements. However, the inherently generalized nature of mediation standards does not render them amenable to contextualized interpretation. More significantly, the courts may adopt the wrong frame when construing mediation standards. It is therefore imperative that the mediation community find ways to bridge frames and facilitate the cross-border understanding of standards.


The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson Jun 2020

The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson

Research Collection School Of Law

This article examines the key societal developments underpinning the growth of mediation in Singapore with the view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of conciliatory justice, in which a respected mediator played an advisor role to the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator’s role has resulted in ...


Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong Dec 2019

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection School Of Law

The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to ...


Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong Dec 2019

Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong

Research Collection School Of Law

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for ...


Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip Jun 2019

Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip

Research Collection School Of Law

This article considers two recent developments in Singapore private international law: the establishment of the Singapore International Commercial Court and the enactment of the Hague Convention on Choice of Court Agreements 2005 into Singapore law. These two developments are part of Singapore’s strategy to promote itself as an international dispute resolution hub and are underscored by giving an enhanced role to party autonomy. This article examines the impact of these two developments on the traditional rules of private international law and whether they achieve the stated aim of positioning Singapore as a major player in the international litigation arena.


The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua Jan 2019

The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua

Research Collection School Of Law

On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.


The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua Jan 2019

The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua

Research Collection School Of Law

On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.


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 Nov 2018

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 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 Nov 2018

Three “Pitfalls” For The Unwary: Third-Party Funding In Asia, Darius Chan

Research Collection 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.


Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander Oct 2018

Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander

Research Collection 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.


Is Article 16(3) Of The Model Law A ‘One-Shot Remedy’ For Non-Participating Respondents In International Arbitrations?, Darius Chan Oct 2018

Is Article 16(3) Of The Model Law A ‘One-Shot Remedy’ For Non-Participating Respondents In International Arbitrations?, Darius Chan

Research Collection 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 ...


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 Aug 2018

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 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 ...


Singapore Convention On Mediation, Nadja Alexander Jul 2018

Singapore Convention On Mediation, Nadja Alexander

Research Collection 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 ...


Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan Jul 2018

Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan

Research Collection School Of Law

No abstract provided.


Hong Kong: Mediation And The Future Of Dispute Resolution, Nadja Alexander Mar 2018

Hong Kong: Mediation And The Future Of Dispute Resolution, Nadja Alexander

Research Collection School Of Law

This chapter tells a story about mediation in Hong Kong - its past, present, and future. It is a story that reflects the internationality of Hong Kong as a place where East meets West, and the energy of the new is challenged by the wisdom of the old. It also sits comfortably with the notion of mediation itself, a conflict resolution process that appears both timeless and timely. This chapter explores the development of Hong Kong mediation and focuses on the regulatory landscape of mediation and common mediation practice areas. Finally, it identifies trends in mediation and the related area of ...


International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan Dec 2017

International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan

Research Collection School Of Law

Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus ...


Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight May 2017

Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight

Research Collection School Of Law

Being a culturally responsive mediator has become increasingly challenging amidst the growing cultural complexity within many societies. Drawing on the existing research on culture and the authors’ experiences of mediating disputes amongst diverse disputants in Australia and Singapore, this paper proposes an emic-constructivist approach for the mediator to understand the individual disputant’s unique cultural preferences. It also recommends bringing forward the exercise of understanding cultural preferences through conducting pre-mediation intake interviews. It is argued that this approach enables the mediator to embrace the parties’ cultural complexity and to design the mediation process based on their rich milieu of preferences ...


How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan Apr 2017

How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan

Research Collection School Of Law

No abstract provided.


A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson Mar 2017

A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson

Research Collection School Of Law

The Mediation Act 2016 was recently passed by the Singapore Parliament and is soon to come into operation. This legislative comment compares the Act’s key provisions to the common law principles concerning confidentiality and admissibility, enforcement of mediated settlement agreements and stay of proceedings pending mediation. It argues that the Act has refined the common law in certain areas, but has brought about greater uncertainty in other aspects. It also discusses how the major provisions are likely to be applied by the court in light of similar developments in other jurisdictions.


Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan Mar 2017

Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan

Research Collection School Of Law

No abstract provided.


When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson Sep 2016

When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson

Research Collection School Of Law

The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.


The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip Mar 2016

The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip

Research Collection School Of Law

The jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic specialist court established ...


The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson Jan 2016

The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson

Research Collection School Of Law

Court Alternative Dispute Resolution (“ADR”) has its origins in a 1994 pilot project in the Subordinate Courts (as it was known then) to have selected District Judges assist in resolving civil disputes using ADR processes. Within two decades, Court ADR has been extended to the entire gamut of cases filed in court, including civil claims, minor criminal offences and family disputes. Court ADR services, which have been known as “Court Dispute Resolution”, have become integral to the delivery of justice in the State Courts. As the Honourable The Chief Justice Sundaresh Menon has observed, ADR has been promoted as the ...


Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua Nov 2015

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.


Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua Nov 2015

Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua

Research Collection School Of Law

Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.


Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua Nov 2015

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.


The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan Nov 2015

The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan

Research Collection School Of Law

No abstract provided.


Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander Oct 2015

Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander

Research Collection School Of Law

This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly ...


Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua Sep 2015

Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua

Research Collection School Of Law

Singapore’s vibrant dispute resolution sector has been growing on the back of a significant rise in commercial transactions in Asia and a corresponding increase in the number and complexity of cross-border disputes. In particular, Singapore has achieved significant success in the field of international arbitration. Singapore has been recognised as the third most preferred seat of arbitration, after London and Geneva, and the Singapore International Arbitration Centre (“SIAC”) is the fourth most preferred arbitral institution worldwide despite being a relatively young institution. In recent years, Singapore law firms have also ranked amongst the top international arbitration practices in Asia ...


Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo May 2015

Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo

Research Collection School Of Law

When Singapore joined the Hague Conference on 9 April 2014, it was widely anticipated that it would adopt the Hague Convention on Choice of Court Agreements 2005. This article explores the differences between the Convention regime and the common law position in Singapore, the likely effects of the adoption of the Convention under Singapore law, as well as the considerations that are likely to influence Singapore's approach to the adoption of the Convention.