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Full-Text Articles in Law

Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan Dec 2011

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.


The Judicial Duty To Give Reasons: Thong Ah Fat V Public Prosecutor [2011] Sgca 65, Siyuan Chen Dec 2011

The Judicial Duty To Give Reasons: Thong Ah Fat V Public Prosecutor [2011] Sgca 65, Siyuan Chen

Research Collection Yong Pung How School Of Law

The accused was charged under the Misuse of Drugs Act after being found with 142.41 grams of diamorphine at the Woodlands Checkpoint. The High Court Judge found the accused guilty and sentenced him to death in a brief judgment of five paragraphs. The Court of Appeal, however, ordered a retrial as it was of the view that the Judge’s reasoning was “unclear” and the “judicial duty to give reasoned decisions” was not discharged


Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah Nov 2011

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 …


A Common Law View Of Causation, Science And Statistical Evidence In The Courtroom, Basil C. Bitas Mar 2011

A Common Law View Of Causation, Science And Statistical Evidence In The Courtroom, Basil C. Bitas

Research Collection Yong Pung How School Of Law

In March 2010, the Australian High Court in Amaca Ltd v Ellis [2010] HCA 5 (“Amaca”) moved assertively to clarify the approach of the Australian courts to causation in cases of lung disease involving multiple pathogens. The court demonstrated sensitivity to both the scientific and legal inquiries while reaffirming the obligation of plaintiffs to prove causation based on the balance of probabilities. In examining the plaintiff’s statistical evidence, the court established important guideposts regarding the proper use and interpretation of epidemiology in the courtroom, highlighting both the relevance and limits of such proof regarding causation and the satisfaction of the …


India And Pakistan: A Tale Of Judicial Appointments, Shubhankar Dam Mar 2011

India And Pakistan: A Tale Of Judicial Appointments, Shubhankar Dam

Research Collection Yong Pung How School Of Law

Recent judicial appointments in India and Pakistan have led to battles between their respective judicial and executive branches. In a moment of remarkable constitutional coincidence, two appointments were set aside in India and Pakistan last week. First, India's Supreme Court invalidated the appointment of P. J. Thomas to the Central Vigilance Commission (CVC). Days later, Pakistan's Supreme Court invalidated Deedar Shah's appointment to the National Accountability Bureau (NAB).