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Articles 1 - 12 of 12
Full-Text Articles in Law
International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel
International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel
Research Collection Yong Pung How School Of Law
Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between …
Book Review: Mediation Ethics: A Practitioner's Guide Edited By Omer Shapira Ed, Dorcas Quek Anderson
Book Review: Mediation Ethics: A Practitioner's Guide Edited By Omer Shapira Ed, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
A review of the book Mediation ethics: A practitioner's guide, edited by Omer Shapira. Mediation ethics have been consistently featured in mediation training courses and mediation ethical principles have also been encapsulated in mediation providers’ codes of conduct for mediators. However, mediation ethics have probably inspired fewer publications and academic discussions than the popular topic of mediation skills. It is thus timely that Shapira has edited this publication focusing on mediation ethics. Published in 2021, this collection of reflections on mediation ethics has been written primarily for the American mediation profession, with frequent references made to the US Model Standards …
Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon
Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon
Research Collection Yong Pung How School Of Law
In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.
To Negotiate, Mediate Or Litigate? Examining The Durability Of Divorce Outcomes In The Singapore Family Courts, Dorcas Quek Anderson, Eunice Chua, Yilin Ning
To Negotiate, Mediate Or Litigate? Examining The Durability Of Divorce Outcomes In The Singapore Family Courts, Dorcas Quek Anderson, Eunice Chua, Yilin Ning
Research Collection Yong Pung How School Of Law
For many years, the courts have been grappling with the paradox of marriages—the most intimate of relationships—being dissolved in the courts that represent a public and adversarial setting. Despite the growth of divorce interventions, the perennial struggle remains in many courts on how to reduce the intense acrimony of divorce litigation. The question remains on the scope of “mainstream” interventions to be offered by the courts to divorce litigants. The current study therefore explores the use of court-connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. It uses a statistical method of survival analysis to produce insights on …
Counting The Cost Of Enlarging The Role Of Adr In Civil Justice, Dorcas Quek Anderson
Counting The Cost Of Enlarging The Role Of Adr In Civil Justice, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Access to civil justice in many countries has been plagued by the common challenges of the high cost of litigation, inequality in parties’ financial resources, differing risk appetites and limited judicial resources. Singapore, a common law jurisdiction, recently implemented radical changes to its civil justice regime with effect from 1 April 2022 in order to ensure affordability and timeliness of the civil justice process. As in the United Kingdom, these civil justice reforms are premised on the proportionality principle: they seek to achieve procedure that is proportionate to the claim value and the means of the parties, without unduly compromising …
The Road Goes Ever On: Diplomatic Service In Relation To Award Enforcement Proceedings Against Foreign States, Darius Chan, Louis Lau
The Road Goes Ever On: Diplomatic Service In Relation To Award Enforcement Proceedings Against Foreign States, Darius Chan, Louis Lau
Research Collection Yong Pung How School Of Law
The seemingly straightforward question of what and how a foreign state should be served when an award creditor seeks to enforce an arbitral award against the state has provoked differing views. On one hand, comity requires foreign states to be given notice of proceedings by a formal and predictable method through diplomatic processes. On the other hand, the potential for abuse by states, and practical difficulties of effecting diplomatic service, may exist in certain circumstances. This issue is of practical importance given the rise in cross-border investment with the Belt & Road Initiative and international investment instruments. This case note …
Empowering The Courts To Order The Use Of Amicable Dispute Resolution: The Singapore Rules Of Court 2021, Dorcas Quek Anderson
Empowering The Courts To Order The Use Of Amicable Dispute Resolution: The Singapore Rules Of Court 2021, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The civil justice regime in Singapore entered a new phase of radical reforms with effect from 1 April 2022. The reforms have substantially expanded the role of amicable dispute resolution (ADR). Parties have a duty to consider ADR prior to and during civil proceedings. More significantly, the courts have been empowered to order parties to attempt ADR, taking into account the ideals of the Rules of Court and all relevant circumstances. This note analyses the key reforms relating to the use of ADR with reference to comparable English developments. It discusses the broad yet ambivalent scope of ADR that could …
Hearing, Darius Chan, Gerome Goh
Hearing, Darius Chan, Gerome Goh
Research Collection Yong Pung How School Of Law
In certain international commercial arbitrations, for instance, in expedited proceedings under the auspices of various institutional rules, the tribunal may decide the dispute based on documentary evidence only. However, in most cases, hearings are generally conducted for the tribunal to hear examination of any factual or expert witness and/or for oral argument. It is not uncommon for there to be multiple hearings in a single arbitration, with each hearing focusing on specific procedural or substantive issues. The hearing is therefore a forum for the parties to adduce evidence and/or put forward their legal views in direct confrontation with each other. …
Burdening Assignees With Arbitration Agreements Via ‘Conditional Benefits’, Chee Ho Tham
Burdening Assignees With Arbitration Agreements Via ‘Conditional Benefits’, Chee Ho Tham
Research Collection Yong Pung How School Of Law
In this article, the author compares two concepts that seek to explain why an assignee of a chose in action may be burdened by an arbitration agreement to which it is not privy. He posits that, of the “conditional benefits” concept and the “subject to equities” principle, the latter provides the better explanation.
Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan
Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal has for the first time in The Online Citizen v The Attorney-General (8 October 2021) adjudicated on the constitutionality of correction directions issued by Ministers against allegedly false statements of fact under the Protection from Online Falsehoods and Manipulation Act 2019. An overarching framework was utilised to assess whether the Ministerial directions restrict free speech under Article 14(1)(a) of the Constitution; if so, whether the restrictions are justifiable under the Constitution and whether there is a rational nexus between the statutory aims and enumerated exceptions. This case comment also examines the constitutional stance towards subject …
A Requirement, A Factor, Or A Figure Of Speech? Role Of Prejudice When Challenging Awards Under The Model Law, Darius Chan, Zhi Jia Koh
A Requirement, A Factor, Or A Figure Of Speech? Role Of Prejudice When Challenging Awards Under The Model Law, Darius Chan, Zhi Jia Koh
Research Collection Yong Pung How School Of Law
Both parties and courts routinely invoke the term ‘prejudice’ in applications to set aside an arbitral award or refuse its enforcement. This suggests that the use of the term is more than just a figure of speech. It is generally understood that prejudice, in the sense of impact or effect on the outcome of the arbitration, is relevant for procedural challenges but not jurisdictional challenges. However, questions remain as to whether prejudice is legally relevant for challenges that are neither strictly procedural or jurisdictional in nature, whether prejudice is relevant as a factor for consideration or as a legal requirement …
Re-Formulating The Test For Ascertaining The Proper Law Of An Arbitration Agreement: A Comparative Common Law Analysis, Darius Chan, Jim Yang Teo
Re-Formulating The Test For Ascertaining The Proper Law Of An Arbitration Agreement: A Comparative Common Law Analysis, Darius Chan, Jim Yang Teo
Research Collection Yong Pung How School Of Law
Following two recent decisions from the apex courts in England and Singapore on the appropriate methodology to ascertain the proper law of an arbitration agreement, the positions in these two leading arbitration destinations have now converged in some respects. But other issues of conceptual and practical significance have not been fully addressed, including the extent to which the true nature of the inquiry into whether the parties had made a choice of law is in substance an exercise in contractual interpretation, the applicability of a validation principle, and the extent to which the choice of a neutral seat may affect …