Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Dispute resolution (3)
- China (2)
- Impartiality (2)
- Mediation ethics (2)
- SIDRA (2)
-
- Self-determination (2)
- Survey (2)
- Arbitration (1)
- Asia (1)
- Confidentiality (1)
- Cybersecurity and data protection (1)
- Debt (1)
- Digital competitiveness (1)
- Fair (1)
- Hong Kong (1)
- Informed consent (1)
- Insolvency (1)
- Institutional arbitration (1)
- International arbitration (1)
- International commercial mediation (1)
- Interviews (1)
- Investor-state disputes (1)
- Mediation (1)
- Neutrality (1)
- Patents (1)
- Reasonable and non-discriminatory terms (1)
- Remote hearing (1)
- Singapore (1)
- Technology (1)
- Technology and arbitration (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson
The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
What is the predominant function of ethics for the mediation profession in Singapore? Do ethical principles assume greater significance in light of increasing institutionalisation of mediation programmes in Singapore? What can mediators, mediation advocates and mediation institutions do to ensure consistent adherence to ethical standards? These and other related issues were discussed in a webinar organised by the Singapore Academy of Law in May 2021 featuring Lim Tat, Chuan Wee Meng and this author as panellists, together with See Chern Yang as moderator. This article highlights the notable discussion points of the webinar, including the significance of mediation ethics, common …
Investor-State Mediation And The Belt And Road Initiative: Examining The Conditions For Settlement, Mark Mclaughlin
Investor-State Mediation And The Belt And Road Initiative: Examining The Conditions For Settlement, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
Despite the dominance of arbitration in the realm of investor-state disputes, the variety of proposals for reform suggest considerable stakeholder discontent with the current framework. One suggested reform is the introduction of investor–state mediation, which has been supported by the conclusion of the Singapore Convention on Mediation and the proposal by the International Centre for Settlement of Investment Disputes (ICSID) of a set of mediation rules. This article examines the respective merits of arbitration and mediation to settle investment disputes related to the Belt and Road Initiative. Many of the principles underpinning the implementation of the Belt and Road Initiative …
Proper Characterisation Of The Parol Evidence Rule And Its Applicability In International Arbitration, Darius Chan, Yi Hang Louis Lau
Proper Characterisation Of The Parol Evidence Rule And Its Applicability In International Arbitration, Darius Chan, Yi Hang Louis Lau
Research Collection Yong Pung How School Of Law
Most arbitral statutes and institutional rules give great latitude to tribunals on the admissibility of evidence, and do not mandate application of domestic rules of evidence. In common law jurisdictions where the parol evidence rule applies, the issue that arises is whether the parol evidence rule is necessarily a procedural rule of evidence which tribunals are not bound to apply, especially in jurisdictions which have codified the rule under domestic evidence legislation. Notwithstanding any codification, this article argues that the parol evidence rule at common law is a substantive rule of contractual interpretation that should be applied as part of …
To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal
To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal
Research Collection Yong Pung How School Of Law
In the wake of the global Coronavirus disease 2019 (COVID-19) pandemic, a rise in creditorinitiated winding-up proceedings is likely to be impending in coming years (See e.g., RCMA Asia Pte. Ltd. v. Sun Electric Power Pte. Ltd. [2020] SGHC 205). At the same time, geopolitical developments, such as the scale and ambition of Belt & Road Initiative projects, have raised questions over the issue of debt sustainability. Given the prevalence of arbitration clauses in modern international commercial and project agreements, the interplay and relationship between insolvency and dispute resolution, and especially arbitration, requires careful attention. While the intersections between the …
Mediation Ethics: From Theory To Practice, Field, Rachael And Crowe, Jonathan. Edward Elgar Publishing, 2020, Dorcas Quek Anderson
Mediation Ethics: From Theory To Practice, Field, Rachael And Crowe, Jonathan. Edward Elgar Publishing, 2020, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
For too long within the mediation field, there has been confusion on how the foundational principles of mediator neutrality, impartiality, and self-determination work together to bring about a fair outcome. There has been a corresponding lack of clarity on what the mediator does to ensure that these principles are collectively fulfilled through a consensual settlement. Astor (2007), who has written extensively on mediator neutrality, has described the mediator's role as maximizing party control. However, Astor also comments that making decisions aimed at maximizing party control is not simple and highly dependent on the context. The mediator has to intervene in …
Arbitration By Ssos As A Preferred Solution For Solving The Frand Licensing Of Seps?, Kung-Chung Liu
Arbitration By Ssos As A Preferred Solution For Solving The Frand Licensing Of Seps?, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
In the last decade, the licensing of standard essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms has been a thorny issue for SEP holders in the US and Europe on the one hand, and major SEP implementers in major Asian economies on the other, such as Japan, Korea, the PRC, Taiwan and even India. With the rise of the Fourth Industrial Revolution, driven by the Internet of Things (IoT), 5G, driverless vehicles, and artificial intelligence (AI), which relies even more on interconnectivity, more and more new standards and SEPs will emerge, and the issue of FRAND licensing of …
The Emergence Of Mediation Law In Asia: A Tale Of Two Cities, Nadja M. Alexander
The Emergence Of Mediation Law In Asia: A Tale Of Two Cities, Nadja M. Alexander
Research Collection Yong Pung How School Of Law
Contemporary mediation systems are emerging throughout Asia. In 2019, 16 jurisdictions from Asia and the Pacific region signed the UN Convention on International Mediation Settlement Agreements Resulting from Mediation (the Singapore Convention). Asian signatories include its three largest economies, five ASEAN countries and seven members of the RCEP.
Why is this important? In a strict legal sense, the Singapore Convention is an instrument to facilitate the enforcement of international mediated settlement agreements (iMSAs), however its broader objective is to facilitate cross-border trade and investment as is reflected in its Preamble.
The Singapore Convention promises to leave a significant impact on …
Digital Readiness Index For Arbitration Institutions: Challenges And Implications For Dispute Resolution Under The Belt And Road Initiative, Allison Goh
Research Collection Yong Pung How School Of Law
Post-COVID-19, a paradigm shift has occurred in the adoption of technology in arbitration. Leading arbitral institutions have adapted quickly, highlighting the foresight of institutions who have existing technological infrastructure in place. This article proposes a ‘Digital Readiness Index’, which aims to evaluate arbitral institutions on their level of digital readiness based on five evaluative indicators. Cross referenced against Institute for Management Development (IMD’s) 2019 World Digital Competitiveness Rankings, the findings reveal synergies between an economy’s digital competitiveness and the adoption of technology in dispute resolution. To further the development of dispute resolution processes under the Belt and Road Initiative, strategic …
Investor-State Mediation: How The Landscape Is Changing [Sidra Survey], Nadja Alexander
Investor-State Mediation: How The Landscape Is Changing [Sidra Survey], Nadja Alexander
Research Collection Yong Pung How School Of Law
Slowly but surely the dispute resolution landscape is shifting for investment related disputes. More than half the respondents to the International Dispute Resolution Survey published by the Singapore International Dispute Resolution Academy (SIDRA) last year indicated that they have been involved in an investor-state dispute between 2016 and 2018. And, it is of course no surprise the majority of survey respondents indicated that institutional arbitration was the mechanism of choice to resolve investor-state disputes.
Choice Of Law Governing A Contract Where Its Existence Is In Dispute: Clarifications From The Singapore International Commercial Court In Lew, Solomon V Kaikhushru Shiavax Nargolwala, Shou Yu Chong
Research Collection Yong Pung How School Of Law
The Singapore International Commercial Court’s judgment in Lew, Solomon v Kaikhushru Shiavax Nargolwala [2020] 3 SLR 61 is noteworthy as it heralds a modest development in Singapore private international law, especially in respect to the not uncommon issue of disputes over cross-border contracts where its existence is challenged. This case represents one of the handful of Singapore precedents which directly addresses the difficult conundrum where both the governing law and the existence of the underlying contract are in dispute. Under this context, it articulates a default choice of law position – the lex fori – where it is impossible to …
What’S Happening In International Mediation In 2021? [Sidra Survey], Nadja Alexander, Samantha Clare Man Xin Goh, Ryce Lee
What’S Happening In International Mediation In 2021? [Sidra Survey], Nadja Alexander, Samantha Clare Man Xin Goh, Ryce Lee
Research Collection Yong Pung How School Of Law
The Singapore International Dispute Resolution Academy (“SIDRA”) issued the global International Dispute Resolution Survey: 2020 Final Report (the “SIDRA Survey”) on 3 July 2020, which studied the preferences, experiences, and perspectives of legal users (lawyers and legal advisers) and client users (corporate executives and in-house counsel) with regard to, among other mechanisms, international commercial mediation. Previous blogs have commented on the Survey findings. The SIDRA Survey was followed by a qualitative study conducted between November to December 2020, consisting of in-depth interviews held with 18 Legal Users and Client Users from 11 countries (“SIDRA Interviews”). This post focuses on some …
Recommendations To Develop International Commercial Mediation In Singapore, Nadja Alexander
Recommendations To Develop International Commercial Mediation In Singapore, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry of Law to transform and develop its international commercial mediation sector are presented.