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Articles 1 - 23 of 23
Full-Text Articles in Law
Book Review: Contemporary Issues In Mediation (Volume 1), Dorcas Quek Anderson
Book Review: Contemporary Issues In Mediation (Volume 1), Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This is a review of a publication by Singapore International Mediation Institute (SIMI) featuring the top ten entries of its inaugural essay writing competition. The author comments on the essays covering a range of topics in the mediation field including the impact of Singapore culture on the practice of mediation; mediation theories and techniques; and the interface between mediation and the law.
Tpp, Ceta And Ttip Between Innovation And Consolidation-Resolving Investor-State Disputes Under Mega-Regionals, Stefanie Schacherer
Tpp, Ceta And Ttip Between Innovation And Consolidation-Resolving Investor-State Disputes Under Mega-Regionals, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
The United States concluded in 2015, the Trans-Pacific Partnership (TPP) agreement with 11 other countries and the European Union (EU) concluded a revised version of the Comprehensive Economic Trade Agreement (CETA) with Canada in 2016. The provisions on investor-state dispute settlement (ISDS) of the two agreements could not be more different. While the TPP sticks to the traditional system of investor-state arbitration, CETA now contains a two-layered court system with pre-elected tribunal members. The present contribution seeks to analyse the convergences and differences between the two first concluded mega-regionals in greater detail with a special focus on the CETA court …
Mediation In The Arbitration House, Nadja Alexander
Mediation In The Arbitration House, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the objection to the combination of mediation and arbitration processes in dispute resolution settings is discussed.
Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson
Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This is a first of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Research Collection Yong Pung How School Of Law
This is the second of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 4, Anna Howard, Nadja Alexander, Dorcas Quek Anderson
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 4, Anna Howard, Nadja Alexander, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This is the last of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Research Collection Yong Pung How School Of Law
This is the third of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Michelin Ii Or The Regulatory Robustness Rating: Part 2, Nadja Alexander
Michelin Ii Or The Regulatory Robustness Rating: Part 2, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the thinking, assumptions, and value judgments underpinning the 12 criteria of the Regulatory Robustness Rating for mediation jurisdictions System is explained.
Regulatory Robustness Rating (Rrr): A Michelin Guide To Mediation Regulatory Regimes, Nadja Alexander
Regulatory Robustness Rating (Rrr): A Michelin Guide To Mediation Regulatory Regimes, Nadja Alexander
Research Collection Yong Pung How School Of Law
Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to many colleagues who commented on the earlier ideas especially Sabine Walsh, Martin Svatos, Geoff Sharp and Michael McIlwrath.
The Regulatory Robustness Rating In Practice: Part 3, Nadja Alexander, Sabine Walsh
The Regulatory Robustness Rating In Practice: Part 3, Nadja Alexander, Sabine Walsh
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the regulatory robustness of cross-border mediation in Ireland is examined.
Brexit And Eu Mediation, Nadja Alexander
Brexit And Eu Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the impact Brexit may have on how London is perceived as a venue for cross-border mediation within the EU is analysed.
Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander
Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation Series is a set of three guides that will help policy-makers, organizations and practitioners build mediation practice and culture. The Series include Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law. Mediation Essentials serves as a complete orientation guide to ADR in general and to mediation. Making Mediation Law offers a robust perspective on how to design mediation policy and legislation. Guidance in this area is in high demand and scarce (besides the UNCITRAL Model Law on International Commercial Conciliation and its Guide, there aren’t many other comprehensive resources). We hope that Making Mediation Law will effectively …
Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander
Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation Series is a set of three guides that will help policy-makers, organizations and practitioners build mediation practice and culture. The Series include Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law. Mediation Essentials serves as a complete orientation guide to ADR in general and to mediation. Making Mediation Law offers a robust perspective on how to design mediation policy and legislation. Guidance in this area is in high demand and scarce (besides the UNCITRAL Model Law on International Commercial Conciliation and its Guide, there aren’t many other comprehensive resources). We hope that Making Mediation Law will effectively …
Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim
Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim
Research Collection Yong Pung How School Of Law
Mediation is one of the most frequently used alternative dispute resolution processes worldwide. Mediation provides faster, cheaper, and better solutions than a traditional court decision can. Benefits are important for individuals as well as for disputing businesses from the private sector and for public sector institutions. Understanding the principles, process, and skills of mediation is essential for anyone whose professional role involves managing disputes of any kind. Mediation Essentials comprises five chapters as follows: 1) Chapter 1 is about How to Manage and Control Disputes and Alternative Dispute Resolution; Chapter 2 describes on How to Make the Most of Mediation; …
Mediation Across Borders, Eunice Chua, Jolene Goh
Mediation Across Borders, Eunice Chua, Jolene Goh
Research Collection Yong Pung How School Of Law
Mr L is the director of InVisions, alarge Indonesian manufacturer providing top-of-the-range camera components toMK Pte Ltd, a Korean-headquartered mobile phone manufacturer. Mr K, who is anative Korean, is the General Manager of the company’s regional office based inThailand and manages the deals involving InVisions. The business relationshipis a lucrative one and both companies have had generally good relations since2003. Annual profits for InVision arising from sales to MK amounted to US$2.3million last year while the sales of MK’s mobile phones that are installed withInVision’s cameras reaped them a profit of US$3.5 million in the same period.During discussions for a …
The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip
The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip
Research Collection Yong Pung How School Of Law
The jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic specialist court established to …
Myanmar Enacts Modern Arbitration Regime, Darius Chan
Myanmar Enacts Modern Arbitration Regime, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Mediation Theory Is Only As Good As Its Last Experiment, Nadja Alexander
Mediation Theory Is Only As Good As Its Last Experiment, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the hypothetical question of scientific enquiry and progress in the mediation field is explored.
A Turning Point For The Mediation Profession – Or A Slippery Slope?, Nadja Alexander
A Turning Point For The Mediation Profession – Or A Slippery Slope?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, issues affecting practitioners in the mediation profession are explored.
Enactment Of Apology Legislation In Hong Kong: Report And Second Round Consultation, Lisa Wong, Kit Wah Cecilia Wong Ng, Hing Cheung Thomas Au, Nadja Alexander, Lok Kwan David Dai, Hing Fung Leung, Wai Hung Francis Law, Queenie Lau, Ting Kwok Iu, Shing Ping James Chiu, Shahla Ali, Michael Beckett, Thomas Edward Kwong
Enactment Of Apology Legislation In Hong Kong: Report And Second Round Consultation, Lisa Wong, Kit Wah Cecilia Wong Ng, Hing Cheung Thomas Au, Nadja Alexander, Lok Kwan David Dai, Hing Fung Leung, Wai Hung Francis Law, Queenie Lau, Ting Kwok Iu, Shing Ping James Chiu, Shahla Ali, Michael Beckett, Thomas Edward Kwong
Research Collection Yong Pung How School Of Law
Nadja Alexander was contributor to the Report of the Department of Justice of Hong Kong as Chair of the Working Group.In the report published by the Working Group on Mediation of the Department of Justice in 2010, it was recommended, among others, that the question of whether there should be an apology or legislative provisions dealing with the making of apologies for the purpose of enhancing settlement deserves further consideration. In 2012, for Secretary for Justice established the Steering Committee on Mediation ("Steering Committee") with a view to further promoting the development of mediation in Hong Kong. The regulatory Framework …
Making Mediation Law, Nadja Alexander, Felix Steffek
Making Mediation Law, Nadja Alexander, Felix Steffek
Research Collection Yong Pung How School Of Law
Mediation is a procedure in which an intermediary without decision-making powers (themediator) systematically facilitates communication between the parties of a conflict withthe aim of enabling the parties themselves to take responsibility for resolving their dispute.Mediation is a highly flexible and adaptable process—a factor that can create challengesfor regulators. In fact, some people suggest that mediation should not be regulated at all.Yet, mediation does not and cannot exist in a regulatory vacuum.
The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson
The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Court Alternative Dispute Resolution (“ADR”) has its origins in a 1994 pilot project in the Subordinate Courts (as it was known then) to have selected District Judges assist in resolving civil disputes using ADR processes. Within two decades, Court ADR has been extended to the entire gamut of cases filed in court, including civil claims, minor criminal offences and family disputes. Court ADR services, which have been known as “Court Dispute Resolution”, have become integral to the delivery of justice in the State Courts. As the Honourable The Chief Justice Sundaresh Menon has observed, ADR has been promoted as the …