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Articles 1 - 6 of 6
Full-Text Articles in Law
Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong
Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …
Enforcement Of International Settlement Agreements Resulting From Mediation Under The Singapore Convention – Private International Law Issues In Perspective, Shou Yu Chong, Felix Steffek
Enforcement Of International Settlement Agreements Resulting From Mediation Under The Singapore Convention – Private International Law Issues In Perspective, Shou Yu Chong, Felix Steffek
Research Collection Yong Pung How School Of Law
This article introduces the Singapore Convention on International Settlement Agreements Resulting from Mediation (“the Convention”). It discusses the enforcement of mediated settlement agreements under the Convention against the background of private international law. First, the Convention and its genesis are introduced. Second, the rationale and scope of the Convention are examined. Third, the Convention is placed in the context of private international law. Fourth, the requirements for enforcement of an international mediated settlement agreement (“IMSA”) under the Convention are laid out. Fifth, the grounds for refusal of judicial enforcement of IMSAs are examined. The article ends with a conclusion and …
Ten Trends In International Mediation, Nadja Alexander
Ten Trends In International Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this essay, the author offers an international overview ofmediation developments in the 21st century and identifiescontemporary influences such as artificial intelligence andthird-party funding. With a focus on mediation ofcross-border disputes, the author identifies ten trends ininternational mediation. These include the changing profileof cross-border disputants and corresponding developmentsin international mediation practice and law. The role ofmediators and lawyers is analysed in the context of theprofessionalisation of the field through credentiallinginitiatives and the new specialisation of mediation advocacy.With the growing internationalisation of mediation, there hasbeen greater appreciation of diverse practice models and thecultural assumptions underpinning them. These developmentsare explored along with …
The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk
The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk
Pepperdine Dispute Resolution Law Journal
This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Marquette Intellectual Property Law Review
This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.
Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn
Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn
Articles, Book Chapters, & Popular Press
The 2015 restorative justice process at Dalhousie University’s Faculty of Dentistry is a case study that reveals the connection at conceptual and practical levels between restorative justice and responsive regulation as common expressions of relational theory and practice. Their relationship is clearest when, as in this case, issues are understood in their full contexts and circumstances require a widening of the circle of issues and parties. At this scale the complexity of the situation and the need for responsive interventions capable of supporting and sustaining a just relationship is revealed.