Dispute Resolution and Arbitration Commons^™

Peace And Conflict Studies Journal Conference, Christopher Appiah-Thompson

Peace and Conflict Studies Journal Conference

Recommendations To Develop International Commercial Mediation In Singapore, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry of Law to transform and develop its international commercial mediation sector are presented.

Accrual Of Cause Of Action In Negligence: Ipp Financial Advisers Pte V Saimee Bin Jumaat, Gary Kok Yew Chan

Singapore Law Journal (Lexicon)

Damage is the gist of the action in negligence. An action in negligence is said to accrue only when damage arises. The precise timing of the damage is an important factor in an application to strike out a claim in negligence on the ground that it was filed out of time contrary to the Limitation Act. Consequently, the lawsuit may have to be initiated within a specified period from the accrual of the cause of action.

Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti

Library Philosophy and Practice (e-journal)

This paper is a bibliometric analysis of research publications in the field of dispute resolution of family matters. The paper analyses the frequency of publications in this arena and identifying the research gaps. The paper utilizes literature published on this subject available at the Scopus database from 2011 to 2020. A total of 59 documents varying from books, chapters, articles, and journals have been extracted and analyzed for the purpose of this study. This data is further analyzed and presented in the forms of tables, maps, graphs, etc using VOSviewer and IMAPBuilder software. The study shows that even though there …

Effects Of Mediation On Employee Efficiency In Human Services Centers And In Other Organizations That Serve Vulnerable Populations, Mariya Mironova

Department of Conflict Resolution Studies Theses and Dissertations

Social workers and other professionals who offer caring services to vulnerable populations are oftentimes exposed to stressful environments. Employee burnout, vicarious traumas, and other stressors jeopardize worker’s efficiency. According to previously conducted research studies, organizational and interpersonal conflicts may be effectively addressed through mediation. However, the studies do not address the use of mediation for the resolution of workplace disputes in centers of human services. This study explores effects of mediation on worker’s efficiency in such centers, and this study proposes that mediation positively affects worker’s efficiency. The proposed methodology for testing this proposition involves a single case study with …

Navigating The Human Side Of Workplace Conflict: A Comparative Study Of Organizational Ombuds' Similarities And Differences, Linda Kovack

Department of Conflict Resolution Studies Theses and Dissertations

Navigating the human side of workplace conflict poses challenges. A gap in knowledgeexists within an alternative dispute resolution option known as the organizational ombuds. Prior research referenced the ombuds' perception of his/her own role and functionality yet did not explore ombuds in differing organizational sectors. The research I explored was: What are the similarities and differences among and between ombuds in employment environments of higher education, the public or private sector, and the federal government? To address this question, I presented comprehensive case study profiles on a total of 8 organizations: 3 in higher education, 3 in the federal government, …

Pushed Out Of High School: Narratives Of Teaching Under The Testing Regime, Sheila Alexis-Fabius

Department of Conflict Resolution Studies Theses and Dissertations

The No Child Left Behind Act (NCLB) was enacted as an education intervention to close the achievement gap by increasing student attendance, graduation, and standard testing rates. NCLB held teachers and administrators accountable for successfully meeting adequate yearly progress gains. However, the emerging NCLB research uncovered a culture of conflict with academically at-risk students being pushed out of the public school system and rise in disciplinary actions towards minority students. This study employed John Gultang’s structural violence, John Burton’s basic human needs theory, and adultification theory to highlight the significance of understanding the conflict in high-stakes testing regimes. This research …

Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”, Makane Moïse Mbengue, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

African States, African Regional Economic Communities (RECs), and the African Union have adopted a number of new investment instruments in recent years. Many of these instruments are highly innovative and mark a clear departure from old European-styled IIAs. The Africanization of international investment law or, in other words, the prise en main of African States and organizations to design the regulation of international investment according to their policy and development priorities has become an evident contemporary phenomenon. At the same time, the most innovative approaches can be found in intra-African IIAs, i.e., in IIAs concluded between two or more African …

Mediating Consumer Financial Disputes: Financial Industry Disputes Resolution Centre's Unique House Style, Eunice Chua, Beverly Wee

Research Collection Yong Pung How School Of Law

The Financial Industry Disputes Resolution Centre (“FIDReC”) was established in August 2005 with the purpose of providing a low-cost avenue for consumers to resolve their disputes with financial institutions. This article seeks to outline the role of FIDReC and its processes and, at the same time, seeks to define the house style of mediation that has served FIDReC well over the years. This article also highlights some of the different techniques adopted by FIDReC mediators in the course of facilitating the mediation.

Vedanta Resources Holdings Limited V Zccm Investment Holdings Plc And Konkola Copper Mines Plc, Caz/08/249/2019, Sangwani Patrick Ng’Ambi, Chanda Chungu

SAIPAR Case Review

No abstract provided.

Zccm Investment Holdings Plc V Konkola Copper Mines Plc And Vedanta Resources Holdings Ltd 2019/Hp/0761, Sangwani Patrick Ng’Ambi

SAIPAR Case Review

No abstract provided.

Vedanta Resources Holding Limited V Zccm Investment Holdings Plc And Konkola Copper Mines Plc Caz 08/249/2019, Muna B. Ndulo

SAIPAR Case Review

No abstract provided.

The Singapore Convention On Mediation And The New York Convention On Arbitration: Comparing Enforcement Mechanisms And Drawing Lessons For Asia, Eunice Chua

Research Collection Yong Pung How School Of Law

This article considers the enforcement mechanism for international mediated settlement agreements proposed by the Singapore Convention on Mediation and critically examines this mode of enforcement as against enforcement as an arbitral award in Asia, including through a hybrid process like Arb-Med-Arb. Similarities and differences between the New York Convention and the Singapore Convention on Mediation will be discussed and used to consider how Asian jurisdictions may respond to the Singapore Convention on Mediation and what lessons may be learnt from the arbitration context.

Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the potential impact of the Singapore Convention on Mediation is analysed.

Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post, the potential impact of the Japan-Singapore Joint Mediation Protocol is analysed.

A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi-legal grounds impacting the enforcement of mediated settlements. However, the inherently generalized nature of mediation standards does not render them amenable to contextualized interpretation. More significantly, the courts may adopt the wrong frame when construing mediation standards. It is therefore imperative that the mediation community find ways to bridge frames and facilitate the cross-border understanding of standards.

The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This article examines the key societal developments underpinning the growth of mediation in Singapore with the view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of conciliatory justice, in which a respected mediator played an advisor role to the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator’s role has resulted in uncertainty …

International Mediation And Covid-19: The New Normal?, Nadja Alexander

Research Collection Yong Pung How School Of Law

What is the SIMC COVID-19 Protocol? The Singapore International Mediation Centre (SIMC) has just launched the SIMC COVID-19 Protocol to provide businesses with an expedited, economical and effective route to resolve any international commercial disputes during the COVID-19 pandemic period. SIMC’s Covid-19 protocol is a great example of a leading mediation service provider reaching out to a market severely disrupted by Covid-19. The option for Singaporean and international parties to mediate online means for a highly accessible, time and cost effective path to resolve disputes that have emerged in the wake of Covid-19.

Singapore Case Law Series: Dispute Resolution Clauses In Msas, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the Singapore Court of Appeal case of Retrospect Investment (S) Pte Ltd v Lateral Solutions Pte Ltd [2020] SGCA regarding questions on dispute resolution clauses in a mediated settlement agreement (MSA) is analysed.

Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. Pytlikzillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston

Lisa PytlikZillig Publications

The primary purpose of this report is to provide a descriptive and technical summary of the results from similar surveys administered in fall 2014 (n = 576), 2015 (n = 301), 2016 (ns = 1946 and 2089), and 2018 (n = 1050) and summer 2019 (n = 1300). In order to explore a variety of factors that may impact public perceptions of unmanned aerial technologies (UATs), we conducted survey experiments over time. These experiments randomly varied the terminology (drone, aerial robot, unmanned aerial vehicle (UAV), unmanned aerial system (UAS)) used to describe the technology, the purposes of the technology (for …

Singapore Case Note: Settlement Agreement Invoked As Shield, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a shield or a defence to arbitral or litigation proceedings.

Singapore Convention Series: Bill To Ratify Before Singapore Parliament, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Signing on to the Singapore Convention is only the beginning. The Convention will come into force six months after three States have ratified it into their domestic law (Article 14 of the Convention). A Bill currently before the Singapore Parliament seeks to pave the way for that – ratify the Convention in Singapore through the enactment of legislation to implement its terms. It is anticipated that the Singapore Convention on Mediation Bill (the ‘Bill’) will be passed into Law before the end of March 2020. It may very well be the first piece of legislation that ratifies the Convention. Other …

Criminalization Of Young Black Males, Useni Eugene Perkins

Cultural Encounters, Conflicts, and Resolutions

ABSTRACT

This paper examines the historical, social, cultural and political factors that contribute to the criminalization of a disproportionate number of young Black males. In doing so, it provides greater clarity for the reasons we are “walking in circles” to find a solution to why these youth are facing a future that is indisputably bleak. In framing this pronouncement, it will show how these factors have been institutionalized to create a system of racial oppression that targets young Black males to be both its victims and victimizers. As the result of this system, many young Black males are portrayed in …

The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale

Cultural Encounters, Conflicts, and Resolutions

In 1867, Congress passed legislation that forbid the practices of debt peonage. However, the law was circumvented after the period of Reconstruction in the south and debt peonage became central to the expansion of southern agriculture through sharecropping and industrialization through convict leasing, practices that forced debtors into new forms of coerced labor. Debt peonage was presumable ended in the 1940s by the Justice Department. But was it? The era of mass incarceration has institutionalized a new form of debt peonage through which racialized poverty is governed, mechanisms of social control are reconstituted, and freedom is circumscribed. In this paper, …

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

A Brand New Narrative: Social Attitudes Toward Conflict Resolution And Inefficiency In Marketing And Branding, Emily Skinner

Department of Conflict Resolution Studies Theses and Dissertations

This study aimed to bring to light infield internal assumptions, expectations, and knowledge that may influence limitations on fostering an environment that can increase a social demand for conflict resolution services, knowledge, and practices. The research explored if the field’s marketing is influenced by the macro social norms, assumptions, and expectations of conflict and if they influence how the field communicates with its market. The study’s goal was to investigate if the marketing and the branding of conflict resolution are influenced by the social fact of conflict as negative. This study explored conscious and unconscious broad patterns of common-sense knowledge, …

The Morning After: A Phenomenological Approach To Understanding The Process Of Repair And Reconciliation In The Aftermath Of Clergy Sexual Misconduct, Damion Taj Quaye

Department of Conflict Resolution Studies Theses and Dissertations

American religious institutions are expected to be free from the unsettling behaviors found in secular institutions. However, scandals in churches have revealed a difficult truth; the people who operate these faith institutions are just as flawed as those who do not. This hermeneutic phenomenological study explored the damage caused by clergy sexual misconduct. Congregations, families, religious organizations, and the concept of the Christian church suffer because of clergy sexual misconduct. There are significant barriers to repair and reconciliation. Cases of clergy sexual misconduct in the Roman Catholic Church have received much of the attention, but the problem is bigger than …

Introduction Project 400: Our Lived Experience, Ronnie A. Dunn

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

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 …