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Articles 61 - 70 of 70
Full-Text Articles in Law
Mediation And The Myth Of Universality, Nadja Alexander
Mediation And The Myth Of Universality, Nadja Alexander
Research Collection Yong Pung How School Of Law
In his essay entitled ‘Mediation – Pfade zum Frieden’, Professor Montada has made an important contribution to the mediation literature. He questions the universality of the standard mediation model that appears to be sweeping the world with enormous zeal and in doing so puts forward theories and principles to substantiate his view. In this article, Nadja Alexander analyses what the author has to say about the scope and potential for mediation.
Doctrine And Fairness In The Law Of Contract, Andrew B.L. Phang
Doctrine And Fairness In The Law Of Contract, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This paper explores, through illustrations from the law of contract, the important centraltheme to the effect that the rules and principles, which constitute thedoctrineof the law,are not ends in themselves but are, rather, the means through which the courts arrive atsubstantively fairoutcomes in the cases before them. The paper focuses on the concept of‘radicalism’, which relates to the point at which the courts decide that it is legallypermissible to hold that a contract should come to an end because a radical or funda-mental ‘legal tipping point’ has not only been arrived at but has, in fact, been crossed. Itexplores the …
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Research Collection Yong Pung How School Of Law
This article reports on the experimental use of blogs as a teaching tool in a course on negotiation and mediation. The blogs were of two kinds: individual journal blogs accessible only by the student author and the course instructor, and a class or collective blog, accessible by all members of the course. The use of blogs builds on the familiar use of journals as a tool for reflection and personal review and adopts the technology of online communication with which the student body is increasingly familiar and comfortable. The article reports on the student response to this development and the …
The Boundary Of Futures Regulation: From U.K. And U.S. Judgments Regarding Commodity Forward Contracts, Christopher Chao-Hung Chen
The Boundary Of Futures Regulation: From U.K. And U.S. Judgments Regarding Commodity Forward Contracts, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang
Research Collection Yong Pung How School Of Law
Since the adoption of the “Reform and Opening” policy in 1978, China has revived its century long tradition of sending students and scholars to study in western countries. In recent years, the unprecedented economic growth, paired with an increasingly competitive rate of compensation, has attracted a considerable number of such foreign degree holders back home to work or teach. In modern Chinese vocabulary, these returning talents are named as “sea turtles”, a word mimicking the pronunciation of the Chinese equivalent of the English phrase “coming back from abroad”. On the other hand, in compliance with the ancient Chinese rhetorical technique …
Death Of The Role-Play, Nadja Alexander, Michelle Lebaron
Death Of The Role-Play, Nadja Alexander, Michelle Lebaron
Research Collection Yong Pung How School Of Law
Setting someone up to fail does indeed sound unfair. In fact it could be described as an ambush – outlaw facilitators lying in wait for unsuspecting students. Not only is this unsettling in a training environment, we can ask whether this lack of transparency runs counter to the behavior expected of negotiators and mediators. Far from being a figment of our fertile imaginations, this short vignette is drawn from a real life learning situation at which both authors were present. Participants were asked at the beginning of the postgraduate workshop about their learning preferences. While most replied enthusiastically about learning …
Mediating Commitments, Ian Macduff
Mediating Commitments, Ian Macduff
Research Collection Yong Pung How School Of Law
This paper explores the implications of one aspect of intercultural theory –the dimension of power distance– in order to comment on the nature of commitments in the mediation process. The familiar model of Western ediation assumes that parties can identify core interests and negotiate around those, through prioritising, trading and balancing. At the heart of our thinking about commitments are our ideas about agency, autonomy, and accountability. However, a core implication of empirical work on power distance suggests that expectations of deference may lead some participants to avoid direct decision-making responsibility and, rather than work towards commitments, to act on …
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
Research Collection Yong Pung How School Of Law
It has been claimed - though not proved - that victims will be benefited by participation in international criminal tribunals. This article interrogates this claim in the context of victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly referred to as the Khmer Rouge Tribunal. Based on interviews with Cambodian victims and Tribunal affiliates, it examines why and how the Tribunal permits victims to intervene as les parties civile, pulling together the normative and legal basis for this mode of victim participation. This article does not purport to generalize with confidence about Cambodian victims in general, …
The Nature Of Torrens Indefeasibility: Understanding The Limits Of Personal Equities, Kelvin F. K. Low
The Nature Of Torrens Indefeasibility: Understanding The Limits Of Personal Equities, Kelvin F. K. Low
Research Collection Yong Pung How School Of Law
Torrens registration has revolutionised land law, in particular the law of conveyancing. However, the precise scope of Torrens indefeasibility — which lies at the heart of the system — remains poorly understood, especially in respect of its relationship to the so-called ‘personal equities’ exception. The key to disentangling this web of confusion lies in accepting that personal equities, properly understood, do not actually form an exception to indefeasibility at all. The two concepts operate on completely different planes. In practical terms, this means that three crucial points must be understood. First, the Torrens system is intended to prevent adverse claims …
The Validity Of Deal Protection Devices Under Anglo-American Law, Wai Yee Wan
The Validity Of Deal Protection Devices Under Anglo-American Law, Wai Yee Wan
Research Collection Yong Pung How School Of Law
This paper analyzes deal protection devices, specifically termination fees and lockup agreements, that are entered into by publicly listed target companies in favor of the bidders, under Anglo-American law. U.S. (specifically Delaware) and U.K. law and regulation differ markedly in the regulation of these devices. Delaware law generally gives more leeway for the target board to enter into deal protection devices. The U.K. regime is much more shareholder-centric and severely restricts most types of deal protections. This paper examines the differences and argues that the U.K. regime is the result of the strong influence of institutional share ownership. In contrast, …