Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Singapore (2)
- Arbitration (1)
- Bilateral investment treaties (BITs) (1)
- CETA (1)
- Confidentiality (1)
-
- Constructivis (1)
- Culture (1)
- EU (1)
- Emic (1)
- Enforceability (1)
- Foreign investment (1)
- Global actor (1)
- International investment law (1)
- Investment treaties (1)
- Investor-state dispute settlement (1)
- Investor-state dispute settlement (ISDS) (1)
- Lao Holdings v Laos (1)
- Laos (1)
- Mediated Settlement Agreements (1)
- Mediation (1)
- Mediation Act (1)
- Non-delegable duty (1)
- Pre-mediation intake (1)
- Reform (1)
- Right to regulate (1)
- Sanum v Laos (1)
- Stay of Proceedings Pending Mediation (1)
- Sustainable development (1)
- Tort of negligence (1)
- Vicarious liability (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
Research Collection Yong Pung How 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 on the two …
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Research Collection Yong Pung How School Of Law
In recent times, courts in Singapore and elsewhere have been grappling with the issue of delegability of duty of care. In the process, they have vigorously defended the conventional position that a duty of care is, in general, delegable. Accordingly, attempts at broadening the ambit of vicarious liability and non-delegable duty, respectively, have been carefully scrutinized. The recent Singapore Court of Appeal decision of Ng Huat Seng v Munib Mohammad Madni adds to the judicial thinking on this complicated and controversial subject.
Cultural Confusion — A Good Thing For Mediation?, Nadja Alexander
Cultural Confusion — A Good Thing For Mediation?, Nadja Alexander
Research Collection Yong Pung How School Of Law
Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened.I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all participants were nationally accredited and had completed more than 350 hours of training and assessment. As part of the first day I played a DVD of a real mediation conducted by a people’s mediator in Guangzhou, Guangdong Province, China. The dispute involved a wife who wanted …
Legal Barriers To Supply Chain Connectivity In Asean, Locknie Hsu
Legal Barriers To Supply Chain Connectivity In Asean, Locknie Hsu
Research Collection Yong Pung How School Of Law
This is an Interim Report published pursuant to a Tier 1 research grant from SMU, examining legal barriers to doing business in ASEAN countries. The Interim Report presents research material and findings on such barriers and a number of actionable preliminary recommendations for policy-makers to consider and utilise. The main areas of barriers examined are corporate, trade, investment, land use, dispute settlement and legal information barriers encountered in the region. The Final Report is expected to be published in March 2018.
Some Reflections On The Willem C Vis And Vis East International Commercial Arbitration Moots: Negotiating And Bridging The Civil-Common Divide, Siyuan Chen, Bethel Ruiyi Chan, Eden Yiling Li
Some Reflections On The Willem C Vis And Vis East International Commercial Arbitration Moots: Negotiating And Bridging The Civil-Common Divide, Siyuan Chen, Bethel Ruiyi Chan, Eden Yiling Li
Research Collection Yong Pung How School Of Law
This article draws from the co-authors’ personal experiences of competing in the Willem C. Vis and Vis East International Commercial Arbitration Moots and highlights the importance of awareness of diversity in legal traditions. The article focuses on points of divergence between the civil and common law jurisdictions in three main aspects: substantive law, procedural rules and advocacy techniques. Specifically, the article discusses the doctrine of good faith in the United Nations Convention on Contracts for the International Sale of Goods, the group of companies doctrine, and the concept of discovery and disclosure in the International Bar Association Rules on the …
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Research Collection Yong Pung How 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. Finally, …
How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan
How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Towards A Harmonised Approach To Mediation Legislation In Asia?, Nadja Alexander
Towards A Harmonised Approach To Mediation Legislation In Asia?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes.
Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan
Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
Research Collection Yong Pung How 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.
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
The international investment law regime is undergoing a process of reform. The guiding paradigm of this reform is the principle of sustainable development. The EU, through its exclusive competence over foreign direct investment, has become a significant actor on the stage of international investment law governance. According to recent statements of the EU institutions, the EU seeks to shape its policy to be consistent with the principle of sustainable development. In more concrete terms this means that EU investment law making shall be consistent with core labour standards, environmental protection and the conservation of natural resources as well as with …