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Dispute Resolution and Arbitration

Alternative Dispute Resolution

Research Collection Yong Pung How School Of Law

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Full-Text Articles in Law

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong Dec 2019

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 Aug 2019

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 Aug 2019

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 …


Developments In Adr, Tania Sourdin, Nadja Alexander Jan 2013

Developments In Adr, Tania Sourdin, Nadja Alexander

Research Collection Yong Pung How School Of Law

Alternative Dispute Resolution (ADR) processes are now widely used throughout Australia to resolve and manage disputes without the need to use traditional rights-based processes such as litigation. ADR usually refers to dispute resolution processes that are 'alternative' to traditional court proceedings. ADR is also now used as an acronym for 'assisted', 'additional', 'affirmative', or 'appropriate' dispute resolution processes within the Australian environment. ADR processes can be used across diverse areas, including commercial, legal, social, environmental and political fields. This paper identifies some key features and trends in the Australian ADR context.