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Full-Text Articles in Law
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
This paper examines the impact that the UNCITRAL Model Law on Cross-border Insolvency has had on States in the light of the central problems often associated with transnational insolvencies. Despite the accolades that it has received, the Model Law has been adopted in only 19 countries in the last 15 years and that too in many different ways. If the number of adoptees and the rather conditional acceptance of the Model Law’s provisions represent a lack of international enthusiasm for adopting the Model Law, what are the reasons for this? The paper concludes by asking whether the UNCITRAL Model Law …
The New Hong Kong Mediation Ordinance: Much Ado About Nothing?, Nadja Alexander
The New Hong Kong Mediation Ordinance: Much Ado About Nothing?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the purpose of the Mediation Ordinance (MO) passed in June 2012 by the Hong Kong Legislative Council is discussed.
Recourse Against An International Arbitration Award Made In Singapore, Darius Chan
Recourse Against An International Arbitration Award Made In Singapore, Darius Chan
Research Collection Yong Pung How School Of Law
In Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212, the Singapore High Court set out the available recourse against an international arbitration award made in Singapore. This case has significant implications for Singapore as a seat of arbitration, and this note contrasts the position between Singapore and Hong Kong against the backdrop of this case. In October 2008, after a failed joint venture, the Claimants, which belonged to the Astro group of companies of Malaysia, commenced arbitration in Singapore against the Respondents, which belonged to the Lippo group of companies of Indonesia. In May 2009, the …
Towards A Greater Global Understanding Of What Mediators Do, Nadja Alexander
Towards A Greater Global Understanding Of What Mediators Do, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the western facilitative mediation approach in relation to historical and cross-cultural perspectives is discussed.
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench, Dorcas Quek Anderson, Kenneth Choo
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench, Dorcas Quek Anderson, Kenneth Choo
Research Collection Yong Pung How School Of Law
“The New Lawyer: How Settlement is Transforming the Practice of Law” by JulieMacFarlane was reviewed in the May issue of the Law Gazette, in conjunction withthe introduction of a “Presumption of ADR” for civil disputes in the SubordinateCourts. MacFarlane describes the emergence of a new advocacy focusing on holisticproblem-solving. The reviewer posed a series of pertinent questions for theSingapore legal profession, “[W]e are all familiar with the popular notion of litigationlawyers as rights warriors. But the litigation lawyer as a conflict resolver? Is he or shean imaginary character or an emerging reality?”
What’S In A Frame? (Or The Power Of Emotions And Subliminal Messaging), Nadja Alexander
What’S In A Frame? (Or The Power Of Emotions And Subliminal Messaging), Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Mediation Blog, three examples of the power of (re)framing from the perspective of negotiators in a mediation setting is offered.
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post I want to talk about an important thread that is emerging in the science of the twenty-first century. It is the finding that we are all interconnected, that we are porous beings with the ability to influence not only ourselves but one another in ways not previously contemplated. What we previously knew as real, that is the Cartesian duality of mind and body and the notion of separateness in relation to individuals and objects, is a fast-fading myth (Damasio 1994, 1999, BenZion 2010).This new paradigm for understanding and experiencing the world has profound implications for our approach …
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post, I want to talk about an important thread that is emerging in the science of the twenty-first century. It is the finding that we are all interconnected, that we are porous beings with the ability to influence not only ourselves but one another in ways not previously contemplated. What we previously knew as real, that is the Cartesian duality of mind and body and the notion of separateness in relation to individuals and objects is a fast-fading myth. This new paradigm for understanding and experiencing the world has profound implications for our approach to conflict. It suggests …
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article traces the development of court ADR programmes in the SubordinateCourts for civil disputes. It also discusses the implications of a recent PracticeDirection introducing a “Presumption of ADR”.
Singapore's International Arbitration Act 2012 Vs Hong Kong's Arbitration Ordinance 2011, Darius Chan
Singapore's International Arbitration Act 2012 Vs Hong Kong's Arbitration Ordinance 2011, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Mediation Lawyering – The New Legal Specialisation, Nadja Alexander
Mediation Lawyering – The New Legal Specialisation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, mediation lawyering as a specialised form of legal practice is explained.
Dancing To The Rhythm Of The Role-Play: Applying Dance Intelligence To Conflict Resolution, Nadja Alexander, Michelle Lebaron
Dancing To The Rhythm Of The Role-Play: Applying Dance Intelligence To Conflict Resolution, Nadja Alexander, Michelle Lebaron
Research Collection Yong Pung How School Of Law
The article presents information on effectiveness of dance and movement in negotiation teaching and training programs regarding conflict resolution particularly in multiple repeat mediations. Death of the Role-play, a publication, fosters enhanced creativity and methodological diversity in conflict management and mediation training. It depicts dance intelligence as useful and requisite components of conflict resolution education.
Where Do All The Mediators Go?, Nadja Alexander
Where Do All The Mediators Go?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the opportunity to work in the mediation profession for young graduates is explored.
From Adr To Odr: Can Technology Shape The Future Of Mediation Practice?, Nadja Alexander
From Adr To Odr: Can Technology Shape The Future Of Mediation Practice?, Nadja Alexander
Research Collection Yong Pung How School Of Law
Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent agent to advise parties on walkaway alternatives and interest-based trade-offs. No, this is not a science-fiction film—it is ODR technology, the mediation world biggest kept secret.
A Trilogy Of "Difficult And Complex" Arbitration Issues In 2012, Darius Chan
A Trilogy Of "Difficult And Complex" Arbitration Issues In 2012, Darius Chan
Research Collection Yong Pung How School Of Law
At the end of 2011, the Singapore High Court in Re David Joseph QC [2011] SGHC 262 (per VK Rajah JA) permitted the admission of an English Queen’s Counsel, David Joseph QC, to represent eight entities of the Astro Group, a Malaysian broadcasting and media entity, in proceedings arising from an arbitration with three subsidiaries of Indonesia’s Lippo Group. Under Singapore’s current statutory scheme, the court may admit QCs on an ad hoc basis if a matter contains issues of fact or law of “sufficient difficulty and complexity”, and if the circumstances of the case warrant it. The High Court …
The Mediation Export Explosion And The ‘Hidden’ Drive Towards Harmonisation, Nadja Alexander
The Mediation Export Explosion And The ‘Hidden’ Drive Towards Harmonisation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the importance of harmonising the law and practice of mediation internationally is discussed.
Securing Natural Justice In Arbitration Proceedings, Austin Ignatius Pulle
Securing Natural Justice In Arbitration Proceedings, Austin Ignatius Pulle
Research Collection Yong Pung How School Of Law
The legitimacy and integrity of any system that adjudicates the rights and duties ofpersons would be evaluated by reference to the standards required by the principles of natural justice. Arbitration is becoming more popular as a system of dispute resolution because of the exponential increase of cross-border transactions that are a feature of globalization. Now arbitrations take place in countries that lack a well-developed arbitration culture. Courts in some of these countries have yet to develop a coherent body of law that clarifies and gives effect to the principles of natural justice. Moreover, important values protected by natural justice principles …