Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (103)
- International and Area Studies (100)
- Asian Studies (97)
- International Law (24)
- Courts (14)
-
- International Trade Law (13)
- Commercial Law (9)
- Contracts (8)
- Jurisdiction (7)
- Business (5)
- Comparative and Foreign Law (4)
- Education (4)
- Higher Education (4)
- Medicine and Health Sciences (4)
- Science and Technology Law (4)
- Bankruptcy Law (3)
- Civil Rights and Discrimination (3)
- Conflict of Laws (3)
- Law and Society (3)
- Public Health (3)
- Business Organizations Law (2)
- Civil Procedure (2)
- Economics (2)
- Family Law (2)
- International Business (2)
- International Economics (2)
- Law and Economics (2)
- Legal Education (2)
- Keyword
-
- Mediation (61)
- Dispute resolution (24)
- Negotiation (15)
- Singapore (14)
- Arbitration (13)
-
- Access to justice (10)
- Mediated settlement agreements (8)
- Singapore Convention on Mediation (8)
- Technology (8)
- Alternative dispute resolution (7)
- UNCITRAL (7)
- China (6)
- Culture (6)
- Enforcement (6)
- Germany (6)
- International dispute resolution (6)
- Jurisdiction (6)
- Survey (6)
- Asia (5)
- Singapore Convention (5)
- Alternative Dispute Resolution (4)
- Australia (4)
- Belt and Road Initiative (4)
- Confidentiality (4)
- Conflict of laws (4)
- Courts (4)
- Dispute settlement (4)
- ADR (3)
- Choice of law (3)
- Civil procedure (3)
- Publication Year
Articles 301 - 330 of 344
Full-Text Articles in Dispute Resolution and Arbitration
Mediation Und Rugby 'Downunder', Nadja Alexander
Mediation Und Rugby 'Downunder', Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik
The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik
Research Collection Yong Pung How School Of Law
No abstract provided.
The Law Of International Commercial Arbitration In Singapore, Warren B. Chik
The Law Of International Commercial Arbitration In Singapore, Warren B. Chik
Research Collection Yong Pung How School Of Law
The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes ( i.e. , the old Arbitration Act and the old International Arbitration Act ) were reconstructed and what emerged were two updated legislations: the Arbitration Act and the International Arbitration Act . At about the same time, the Singapore International Arbitration Centre (SIAC) also diversified with the introduction of a new set of Domestic Arbitration Rules.
Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander
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
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 …
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has grown rapidly in many Anglophone jurisdictions such as USA, Australia, Canada, New Zealand and England. The current state of mediation practice in many of these jurisdictions can be traced back to the establishment of community justice centres in the 1970s and 1980s. Mediation is practised in the private sector as well as in a wide range of court-referred programs. In many common law jurisdictions mediation is no longer a form of alternative dispute resolution, it has become primary dispute resolution.
Interview With Michael Leathes, Nadja Alexander
Interview With Michael Leathes, Nadja Alexander
Research Collection Yong Pung How School Of Law
Alexander: Can you describe your professional role and how it relates to international mediation?Leathes: I have been an in-house counsel for most of my 36-year career, including general counsel of Pfizer International and of International Distillers & Vintners and general manager of BAT’s intellectual propertycompany. In all these roles I have been responsible for litigation portfolios internationally—in total, thousands of cases. Before I figured out a better way, I’m certain that I must have been responsible for about as many losses as wins. Then, in the late 80s, I discovered mediation…A: And what happened?L: Together with the teams of people …
Your Pace Or Mine: Culture, Time And Negotiation, Ian Macduff
Your Pace Or Mine: Culture, Time And Negotiation, Ian Macduff
Research Collection Yong Pung How School Of Law
This article explores the impact that different perceptions of time may have on cross-cultural negotiations. Beyond obvious issues of punctuality and timekeeping, differences may occur in the value placed on the uses of time and the priorities given to past, present, or future orientations. The role of time in negotiations involves two key dimensions: differing perceptions and values of time, and the management of time. Both dimensions, the author suggests, need to be on the negotiation table.
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …
Fishing For Adr, David Bryson, Nadja Alexander
Fishing For Adr, David Bryson, Nadja Alexander
Research Collection Yong Pung How School Of Law
As the mediation field in Australia and abroad flourishes, so too do publications on the topic. However a plethora of publications has consequences for any academic and professional field. On one hand it means that readers are indulged with a rich array of information, views and opinions; on the other it requires readers to be much more sophisticated and discriminatory in their choice of reading.
Book Review: Beyond Neutrality: Confronting The Crisis In Conflict Resolution, Nadja Alexander
Book Review: Beyond Neutrality: Confronting The Crisis In Conflict Resolution, Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Restitution, Tiong Min Yeo
Restitution, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
Little of significance was decided on the law of restitution in 2004. There was nevertheless a smattering of cases dealing with points relevant to the principles of the law of restitution, sometimes directly, and sometimes indirectly.
Visualising The Adr Landscape, Nadja Alexander
Visualising The Adr Landscape, Nadja Alexander
Research Collection Yong Pung How School Of Law
Access to ADR can be conceptualised in a number of ways. Some commentators focus on the court or the legal profession as a central access point for disputes. While this may seem natural for lawyers and judges, such an approach fails to account for the vast majority of disputes – approximately 80 per cent – that never see a lawyer, let alone a court. Other commentators focus on private or community-based applications of ADR as well as transactional applications of mediation such as contract negotiations. Yet others analyse ADR from the perspective of particular stakeholder groups such as industry, insurers, …
When Your Multicultural Dinner Party Conversation Becomes An International Mediation, Nadja Alexander
When Your Multicultural Dinner Party Conversation Becomes An International Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
Interview with Mr Jernej Sekolec, secretary of UNCITRAL.
The Chameleon Mediator, Nadja Alexander
The Chameleon Mediator, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the early phases of the Anglo-American mediation movement, certain models were promoted in theory and training and applied in practice. The models differed, depending on the background of the trainers/mediators, the cultural context and the jurisdiction in which the training and practice took place. In the mediation world of shared understandings and collaboration, there was often competition and sometimes even conflict among advocates of the various theories, models, approaches and styles.
Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander
Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
This article critically evaluates the development of court-related mediation by reference to the evolution of ADR practice and theory. The author explores the divergent approaches taken in different jurisdictions to the relationship between ADR and court-based processes while referring to some similar phases of development and the varied empirical examinations of process. The integration of ADR into the 'mainstream' dispute resolution culture is also explored from the perspective of the diversity versus consistency of process debates while reflecting upon the variations in ADR usage between inquisitorial and more adversarial legal systems.
Mediation: Ein Meta Modell, Nadja Alexander
Mediation: Ein Meta Modell, Nadja Alexander
Research Collection Yong Pung How School Of Law
The Mediation Meta-Model introduced in this article provides a framework for understanding a range of mediation practice models and their relationship to each other and to other ADR processes. It extends the work of Riskin in two ways: first by revising the dimensions of his original Grid to form a Mediation Meta-Model and second, by identifying and labeling a range of practice models within this Meta-Model. The practice models draw from Boulle\u27s work and extend Boulle\u27s four primary models to five. This Meta-Model is developmental insofar as it has the ability to accommodate emerging and changing practice models of mediation. …
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Research Collection Yong Pung How School Of Law
In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.
What Would You Do - With A Taniwha At The Table?, Ian Macduff
What Would You Do - With A Taniwha At The Table?, Ian Macduff
Research Collection Yong Pung How School Of Law
In New Zealand, a complicating factor in some disputes may involve the presence (whether one believes it or not) of a taniwha, or spirit, as a major part of the negotiations. What advice would you have for mediators who face such significant cross-cultural, identity-based issues? The author hopes readers of this journal will be able to provide some insighful advice.
Global Trends In Mediation, Nadja Alexander
Global Trends In Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.
International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander
International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Book Review: East Meeting West In The Mediation Marketplace, Nadja Alexander
Book Review: East Meeting West In The Mediation Marketplace, Nadja Alexander
Research Collection Yong Pung How School Of Law
China is now ‘all the rage’. Everyone is either learning Mandarin or tripping off on a conference to Beijing or a business trip to Shanghai. Commercial concerns are busy establishing trade links with Chinese partners to prepare for the emergence of the biggest marketplace in the world. The business of ADR is no exception.
Global Trends In Mediation, Nadja Alexander
Global Trends In Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.The civil law/ common law dichotomy has always been a fascination …
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …
Mediation In The Modern Millennium, Nadja Alexander
Mediation In The Modern Millennium, Nadja Alexander
Research Collection Yong Pung How School Of Law
In Australia we call it "Mediation", the French say "la mediation", and the Germans "die Mediation". The term is global, stemming from the Latin, mediatio'; the process universal, its inherent flexibility transcending historical and national legal norms and systemic differences. Indeed, forms of mediation can be traced back to sources in ancient Greece, the Bible, traditional communities in Asia and Africa, and to the fourteenth Century English 'Mediators of Questions'. Mediation, however, does not exist in a vacuum. It operates against a backdrop of national dispute management culture and institutional rules and regulations. Accordingly, it is nothing less than misleading …
Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander
Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander
From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander
Research Collection Yong Pung How School Of Law
In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.
Foskett V. Mckeown – Hard-Nosed Property Rights Or Unjust Enrichment?, Hang Wu Tang
Foskett V. Mckeown – Hard-Nosed Property Rights Or Unjust Enrichment?, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The recent judgment of the House of Lords in Foskett is extremely important as it straddles insurance law, property law, tracing and unjust enrichment. First, it establishes the proposition that it is possible to trace misappropriated moneys wrongfully paid as premiums into the proceeds of a policy. Second, two of the Law Lords contemplated the abolition of the distinction between the rules for tracing in law and tracing in equity. Third, the judgments of the Law Lords contain valuable guidance as to the context in which equitable ownership and the law of unjust enrichment should be viewed.
Book Review: The Handbook Of Conflict Resolution: Theory And Practice, Nadja Alexander
Book Review: The Handbook Of Conflict Resolution: Theory And Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander
What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander
Research Collection Yong Pung How School Of Law
Context defines mediation and has a direct impact on how it is practised. National legal contexts reveal historically embedded systemic differences that can provide insights into the reasons behind the rapid expansion of mediation in common law jurisdictions, and the comparatively hesitant development of mediation in civil law jurisdictions. In this article I consider the legal and political forces behind the modern mediation movements in Australia and Germany: two countries that represent the common law and the civil law traditions respectively.