Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 16 of 16
Full-Text Articles in Law
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Research Collection Yong Pung How School Of Law
Domestic arbitration awards rendered under the Arbitration Act (Cap 10, 2002 Rev Ed) (“the Act”) can be subject to appeal on a question of law arising out of an award. Unless parties consent, an appeal can only be brought with the leave of court.
Judges Mediate And Do Other Things – Whether We Like It Or Not, Nadja Alexander
Judges Mediate And Do Other Things – Whether We Like It Or Not, Nadja Alexander
Research Collection Yong Pung How School Of Law
This post on the Kluwer Mediation Blog focuses on active judges who mediate or engage in some type of mediative intervention and explains the developing field of judicial dispute resolution (JDR).
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Research Collection Yong Pung How School Of Law
The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number …
Setting Aside An International Arbitration Award Based On Deficient Pleadings, Darius Chan
Setting Aside An International Arbitration Award Based On Deficient Pleadings, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Research Collection Yong Pung How School Of Law
The Alternative Dispute Resolution (ADR) movement has gained significant traction over the last three decades and has been expanding at a rapid pace in many common law jurisdictions. The allure of ADR lies, in large part, in its recognition of litigants’ desire for self-determination and autonomy in resolving their disputes. ADR became even more attractive as dissatisfaction with the traditional court system grew. In the seminal Roscoe Pound Conference on Popular Causes of Dissatisfaction with the Administration of Justice in USA, the changing role of the courts was highlighted, casting ADR further into the spotlight.i Instead of offering only adjudication …
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Research Collection Yong Pung How School Of Law
Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.
It's A Question Of Design: Byo Mediation, Nadja Alexander
It's A Question Of Design: Byo Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, seven ideas to invigorate your 'Build Your Own' (BYO) mediation practice are presented.
Singapore Court Of Appeal Re-Affirms Commitment To Minimal Intervention Of Arbitral Awards At The Intersection Of Illegality And Public Policy, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article, I expand on the literature and present a meta-model for thinking about mediation practice. The Mediation Meta-Model is a structure for identifying different mediation approaches and how they relate to one other. It makes no claim to universal application. Rather, it offers a conceptual road-map for an increasingly complex and sophisticated array of practices which share the name mediation. The theoretical foundations and analysis for the Meta-Model have been included in previous work (2008).It is well known in Australian mediation circles that mediation practice does not always correspond to the dominant facilitative training model—even though, on the …
Designing The Gaps In Mediation Architecture, Nadja Alexander
Designing The Gaps In Mediation Architecture, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the 'gaps' in the developing architecture of mediation, and the design for regulatory spaces are explored.
Sovereign Immunity In The Enforcement Of Awards Against States, Darius Chan
Sovereign Immunity In The Enforcement Of Awards Against States, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Options Available To An Unsuccessful Party In An Arbitration, Darius Chan
Options Available To An Unsuccessful Party In An Arbitration, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Reaching A Settlement Before The Arbitration Hearing, Darius Chan
Reaching A Settlement Before The Arbitration Hearing, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Raising The Bar For The Mens Rea Requirement In Common Intention Cases: Daniel Vijay S/O Katherasan V Pp, Eunice Chua
Raising The Bar For The Mens Rea Requirement In Common Intention Cases: Daniel Vijay S/O Katherasan V Pp, Eunice Chua
Research Collection Yong Pung How School Of Law
Recently, the Court of,4ppeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view thatthe law on common intention was not adequately settled in Singapore despite the 138-year history ofs. 34 ofthe Penal Code. It went on to give an extensive review of the cases interpreting the section aswell as its Indian equivalent, before setting out the proper approach to take in "twin crime" commonintention cases, focusing specifically on the mens rea element required in order to establish constructiveliabilityfor the secondary crime. This case note seeks to highlight the changes brought about byDaniel Vijay s/o Katherasan v. Public Prosecutor …
Maintaining And Enhancing The Integrity Of Adr Processes: From Principles To Practice Through People, Kellam, Nadja Alexander, Nadja Marie Alexander, Andrew Bickerdike, Andrew Greenwood, Margaret Halsmith, Norah Hartnett, Ian Hanger Hanger, Tom Howe, Elizabeth Kelly, Stephen Lancken, Gaye Sculthorpe, Lindsay Smith, Warwick Soden, Tania Sourdin
Maintaining And Enhancing The Integrity Of Adr Processes: From Principles To Practice Through People, Kellam, Nadja Alexander, Nadja Marie Alexander, Andrew Bickerdike, Andrew Greenwood, Margaret Halsmith, Norah Hartnett, Ian Hanger Hanger, Tom Howe, Elizabeth Kelly, Stephen Lancken, Gaye Sculthorpe, Lindsay Smith, Warwick Soden, Tania Sourdin
Research Collection Yong Pung How School Of Law
Nadja Alexander was contributor to the Report as council member of National Alternative Dispute Resolution Advisory Council.In this Report, the National Alternative Dispute Resolution Advisory Council (NADRAC) canvasses particular issues that support the integrity of alternative dispute resolution (ADR) processes, and that are identified in the Terms of Reference. These are: conduct obligations, rules about confidentiality and inadmissibility of communications within ADR processes, and immunity of ADR practitioners from being sued. The Report explains NADRAC’s understanding of the breadth of the concept of integrity as it applies to ADR processes, canvasses the views of interested parties about the integrity of …