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Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong
Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for …
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 …
Supporting Party Autonomy In The Enforcement Of Cross-Border Mediated Settlement Agreements: A Brave New World Or Unchartered Territory?, Dorcas Quek Anderson
Supporting Party Autonomy In The Enforcement Of Cross-Border Mediated Settlement Agreements: A Brave New World Or Unchartered Territory?, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The last decade has seen a palpable rise of domestic and international instruments tofacilitate the enforcement of cross-border mediated settlement agreements. The EU MediationDirective required member states to provide for enforcement of such agreements. Common lawjurisdictions including Singapore, Ireland and Ontario have enacted legislation to allowmediated settlement agreements to be recorded as court judgments. Other countries haveprovided for such agreements to be akin to arbitral awards for enforcement purposes. Mostrecently, the United Nations Commission on International Trade Law (UNCITRAL) has agreedto create multilateral convention and to amend the Model Law on International CommercialConciliation to facilitate cross-border enforcement of commercial disputes …
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
Research Collection Yong Pung How School Of Law
On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
Research Collection Yong Pung How School Of Law
On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.
Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson
Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This note considers recent civil justice reforms in England and Singapore in enhancing the role of ADR, in particular mediation, as a means of increasing access to justice. The English and Singaporean civil justice reforms reflect the continual efforts to encourage the greater utilisation of ADR for appropriate cases. The current range of mechanisms may be charted along a “continuum of madatoriness”, ranging from compulsory attendance at mediation orientation sessions; the utilisation of costs sanctions; having an opt-out system; and mandating mediation with no exemptions. However, the English and Singaporean experiences illustrate some of the drawbacks in penalising parties for …