Law Commons^™

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao

Research Collection Yong Pung How School Of Law

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …

How To Understand China's Approach To Central Bank Digital Currency?, Heng Wang

Research Collection Yong Pung How School Of Law

China's central bank digital currency (CBDC), digital yuan or e-CNY, is likely to profoundly affect the international financial system. China's CBDC is fast evolving. Understanding the influencing factors of China's CBDC will likely be crucial to explore its future direction. Major influencing factors include (i) China's perception and conception of regulation and technology, (ii) complementarity between China's preferences and CBDC development, (iii) domestic and international legitimacy, and (iv) institutional development. This paper argues that these influencing factors contribute to China's likely approach of selectively reshaping the international financial system. Given the potential wide-ranging implications of the introduction of CBDC globally, …

Crossing The Rubicon: Evaluating The Use Of Artificial Intelligence In The Law And Singapore Courts, Ming En Tor

Research Collection Yong Pung How School Of Law

In recent years, Artificial Intelligence (“AI”) has challenged many fundamental assumptions of how organisations and industries should operate. The Courts, traditionally seen as a hallowed ground graced by the best of lawyers, still remains as unchartered territory for AI’s infiltration. Yet, there is growing evidence which suggest AI may soon cross this frontier to replace important court functions.

This paper critically assesses the use of AI in law and the courts. Part II will first examine the arguments for and against the adoption of AI in the legal profession. Thereafter, Part III will critically examine whether AI should …

What’S Happening In International Mediation In 2021? [Sidra Survey], Nadja Alexander, Samantha Clare Man Xin Goh, Ryce Lee

Research Collection Yong Pung How School Of Law

The Singapore International Dispute Resolution Academy (“SIDRA”) issued the global International Dispute Resolution Survey: 2020 Final Report (the “SIDRA Survey”) on 3 July 2020, which studied the preferences, experiences, and perspectives of legal users (lawyers and legal advisers) and client users (corporate executives and in-house counsel) with regard to, among other mechanisms, international commercial mediation. Previous blogs have commented on the Survey findings. The SIDRA Survey was followed by a qualitative study conducted between November to December 2020, consisting of in-depth interviews held with 18 Legal Users and Client Users from 11 countries (“SIDRA Interviews”). This post focuses on some …

Disruptive Technologies And Digital Transformation Of The Financial Services Industry In Singapore: Regulatory Framework And Challenges Ahead, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

This paper seeks to provide a general overview of the impact of new technologies in the financial services industry in Singapore. For that purpose, it starts by emphasizing that technology has always played an important role in the financial industry. However, new disruptive technologies, as well as the increasing use of data in the financial services industry, have created new challenges and opportunities for the financial sector. While Singapore has managed to address these challenges by adopting one of the quickest and most innovative and comprehensive responses probably observed internationally, financial markets –and particularly the fintech industry– are constantly evolving. …

Mediation: The New Normal?, Nadja Alexander

Research Collection Yong Pung How School Of Law

Imagine a tightrope walker, walking along a tightrope, holding a long, light rod. To help her balance, the performing artist continually moves the rod, changing the angle of the rod to maintain a constant – her balance in space. If she were to hold the rod in a fixed position, what would happen? She would fall off. In other words, the variation of the rod has the function of maintaining the deeper continuity which enables the artist to make it to the other end, alive. In this essay, the tightrope walker offers a metaphor for dispute resolution systems. In order …

Law And Covid-19, Aurelio Gurrea-Martinez, Yihan Goh, Mark Findlay

Research Collection Yong Pung How School Of Law

This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic’s influence on law and legal service delivery the authors consider how law can help facilitate the …

Reflections On The Use Of Facial Recognition Technology During Covid-19, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

During the COVID-10 pandemic, infected persons have been quarantined in segregated facilities. Individuals who have been in contact with the infected persons may be subject to self-isolation measures or stay-home notices. Technological tools such as proximity and contact tracing apps are used to identify those who have been in close contact with infected persons. The contact tracing QR code used in Singapore's SafeEntry requires the submission of personal information (including names and identification numbers) prior to entry into certain public places such as malls, factories and restaurants. Robots, in addition to designated human officers, have been delpoyed to maintain social …

What Users Say About Technology In Mediation: 2020 Sidra Survey, Part 3, Nadja Alexander, Allison Goh

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the use and appreciation of technology in mediation among client users is analysed.

Sidra International Dispute Resolution Survey: 2020 Final Report, Nadja Alexander, Vakhtangi Giorgadze, Allison Goh

Research Collection Yong Pung How School Of Law

The International Dispute Resolution Survey: 2020 Final Report presents the findings of the Singapore International Dispute Resolution Academy’s inaugural examination into the preferences, experiences, practices and perspectives of international dispute resolution users around the globe. The survey examined three major international dispute resolution mechanisms: international commercial arbitration, international commercial mediation, international commercial litigation, as well as hybrid dispute resolution mechanisms such as mediation-arbitration and arbitration-mediation. The survey also inquired into the use of technology in international dispute resolution, such as predictive analytical tools and negotiation support systems, and asked the users to express whether they were satisfied with the use …

Disruptive Technologies And Sustainable Development: Implications For Southeast Asia, Ching-Fu Lin, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Disruptive technologies, including artificial intelligence, distributed ledger technologies, and the internet of things, are driving a transformative reorganisation of economic structures. If correctly harnessed, these emerging technologies have the potential to assist economies in creating new efficiencies, boosting productivity, and enhancing international trade. This paper explores the scope for these technologies to contribute to sustainable development, highlighting how they could be deployed and implications for Cambodia, Lao PDR, Myanmar, and Vietnam.

“Where Does A Wise Man Hide A Leaf?” : Modernising The Laws Of Disclosure In The Information Age, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

Litigation practice has been significantly altered by the advent of electronically stored information in daily corporate life. It is argued that the laws of disclosure should be updated to recognise that technology-assisted document review via keyword searching is crucial in ensuring that the costs of litigation are well managed. In order to facilitate keyword searching, a new legal concept of accuracy in the selection of keywords should be introduced into the laws of disclosure. At the same time, despite the adversarial nature of litigation, it is imperative that parties approach electronic disclosure with a spirit of collaboration in order to …

Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation has made it to Hollywood. The opening scene of the romantic comedy The Wedding Crashers (2005) features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalisation of the themes with which it deals. When mediation becomes one of those themes …

Mobile Mediation: How Technology Is Driving The Globalization Of Adr, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation has made it to Hollywood. The opening scene of the romantic comedy, The Wedding Crashers (2005), features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated, and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalization of the themes with which it deals. When mediation becomes one of those themes …

Flames On The Wires: Mediating From An Electronic Cottage, Ian Macduff

Research Collection Yong Pung How School Of Law

This article reflects on a curiosity of modern life, in that it is a very preliminary comment on a kind of mediation that does not involve me moving beyond the desk where my computer is located. It is a mediator's parallel to armchair travelling, with the difference here being that the experience is not vicarious, though it is certainly remote.