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The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice CHUA 2019 Singapore Management University

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 2019 Singapore Management University

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.


Mediation In The Singapore Family Justice Courts: Examining The Mandatory Mediation Model Under The Judge-Led Approach, Eunice CHUA 2019 Singapore Management University

Mediation In The Singapore Family Justice Courts: Examining The Mandatory Mediation Model Under The Judge-Led Approach, Eunice Chua

Research Collection School Of Law

In orderto reduce acrimony and the adversarial quality of family litigation, theSingapore family justice framework went through an overhaul in 2014. Chiefamong the changes was the creation of the Family Justice Rules (“FJR”) uniqueto the newly constituted Family Justice Courts. The FJR are meant to reflect anew judicial philosophy for family law disputes, with a “judge-led” approachmandated by Rule 22 of the FJR. As part of the directions a court may give inthe exercise of this “judge-led” approach, Rule 22(3)(a) introduces a new,express power for the court to direct that parties attend mediation orcounselling. This paper seeks ...


Expanding The Scope Of Dispute Resolution And Access To Justice, Masood AHMED, Dorcas QUEK ANDERSON 2019 Singapore Management University

Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson

Research Collection School Of Law

This note considers recent civil justice reforms in England and Singapore in enhancing the role of ADR, in particular mediation, as a means of increasing access to justice. The English and Singaporean civil justice reforms reflect the continual efforts to encourage the greater utilisation of ADR for appropriate cases. The current range of mechanisms may be charted along a “continuum of madatoriness”, ranging from compulsory attendance at mediation orientation sessions; the utilisation of costs sanctions; having an opt-out system; and mandating mediation with no exemptions. However, the English and Singaporean experiences illustrate some of the drawbacks in penalising parties for ...


Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz 2019 University of Missouri School of Law

Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz

Buffalo Law Review

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public ...


Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel Gervais 2019 Vanderbilt University Law School

Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel Gervais

Michigan Journal of International Law

This Article attempts to resolve clashes between intellectual property and investor-state dispute settlement (“ISDS”). ISDS clauses contained in bilateral, plurilateral, or multilateral trade and investment agreements give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitral tribunal. This jurisgenerative right to file a claim against a state in an international tribunal with mandatory jurisdiction is exceptional; it is generally reserved to other states. Only multinational corporations can use ISDS to file claims against states in which they invest, provided the state is party to a bilateral investment treaty (“BIT”) or a trade ...


The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier 2019 University of Missouri School of Law

The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier

Journal of Dispute Resolution

No abstract provided.


Masthead, 2019 University of Missouri School of Law

Masthead

Journal of Dispute Resolution

No abstract provided.


Table Of Contents, 2019 University of Missouri School of Law

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry II 2019 University of Missouri School of Law

Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry Ii

Journal of Dispute Resolution

No abstract provided.


Private Ordering And Commercial Arbitration: Lasting Lessons From Mentschikoff, Stephen J. Ware 2019 University of Missouri School of Law

Private Ordering And Commercial Arbitration: Lasting Lessons From Mentschikoff, Stephen J. Ware

Journal of Dispute Resolution

No abstract provided.


Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel 2019 University of Missouri School of Law

Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel

Journal of Dispute Resolution

No abstract provided.


State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon 2019 University of Missouri School of Law

State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon

Journal of Dispute Resolution

No abstract provided.


Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka 2019 University of Missouri School of Law

Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka

Journal of Dispute Resolution

No abstract provided.


Introduction To An Epic Trilogy: Implications For Class Arbitration, Regulatory Administration, And Labor Law In Epic Systems Corp. V. Lewis, Robert L. Temple 2019 University of Missouri School of Law

Introduction To An Epic Trilogy: Implications For Class Arbitration, Regulatory Administration, And Labor Law In Epic Systems Corp. V. Lewis, Robert L. Temple

Journal of Dispute Resolution

No abstract provided.


The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter 2019 University of Missouri School of Law

The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter

Journal of Dispute Resolution

No abstract provided.


All Balls And No Strikes: The Roberts Court’S Anti-Worker Activism, Maria Glover 2019 University of Missouri School of Law

All Balls And No Strikes: The Roberts Court’S Anti-Worker Activism, Maria Glover

Journal of Dispute Resolution

No abstract provided.


The Regressive Effect Of Legal Uncertainty, Uri Weiss 2019 University of Missouri School of Law

The Regressive Effect Of Legal Uncertainty, Uri Weiss

Journal of Dispute Resolution

No abstract provided.


Arbitration And Diplomacy In The South China Sea: Forging A Solution, Andrew Johnson 2019 University of Missouri School of Law

Arbitration And Diplomacy In The South China Sea: Forging A Solution, Andrew Johnson

Journal of Dispute Resolution

No abstract provided.


Reducing The Impact Of Racial Discrimination In Policing, Brittain McClurg 2019 University of Missouri School of Law

Reducing The Impact Of Racial Discrimination In Policing, Brittain Mcclurg

Journal of Dispute Resolution

No abstract provided.


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