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Articles 1 - 30 of 315
Full-Text Articles in Dispute Resolution and Arbitration
Negotiating At A Distance: The Impact Of Communication Media And Negotiator Traits, Dorcas Quek Anderson, Tra My Ngo
Negotiating At A Distance: The Impact Of Communication Media And Negotiator Traits, Dorcas Quek Anderson, Tra My Ngo
Research Collection Yong Pung How School Of Law
Purpose – Prior research has yet to provide a coherent theoretical framework explaining how communication media hinder or advance negotiation success, and many dated studies are unlikely to be relevant. This study aims to examine the impact of four communication media on negotiation outcomes. It also examines the potential moderating effects of the following negotiator characteristics: conflict management style, personality traits and indirect communication style.Design/methodology/approach – A total of 400 participants formed 200 dyads to negotiate a mixed- motive relational conflict through face-to-face (FTF) interaction, videoconferencing, audio call or synchronous text messaging. Linear mixed regression was used to assess the …
A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson
A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Private settlements have been consistently encouraged by the Singapore civil justice system. Depending on the context, the settlement may take on many forms, including consent orders and settlement agreements. This begs the question of whether the exact form of settlement matters, or whether a settlement “by any other name” suffices. This article proposes the concept of “sustainable settlements” – comprising the measures of ease of enforcement, finality, and confidentiality – to holistically appraise the effectiveness of settlement mechanisms. The assessment of six settlement mechanisms using these measures clearly indicates that not every mechanism is equally sustainable. Exploring settlement amidst the …
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article examines the intricate dynamics of community representation and stakeholder influence in the realm of international investment law. More specifically, it considers the most effective method by which to operationalise the concept of the ‘social licence to operate’ when attempting to resolve investor-state disputes. By utilising disputes relating to China’s Belt and Road Initiative as a case study, it is shown that the social impact of foreign investment projects is often a catalyst for arbitration claims. Community interests are insufficiently represented at the stage of procurement or admission of investment, which has led to violent clashes between investors and …
Treaties Establishing Dispute Settlement Frameworks, N. Jansen Calamita, Stefanie Schacherer, Facundo Perez-Aznar, Aikaterini Florou
Treaties Establishing Dispute Settlement Frameworks, N. Jansen Calamita, Stefanie Schacherer, Facundo Perez-Aznar, Aikaterini Florou
Research Collection Yong Pung How School Of Law
The purpose of the present report is to provide an overview and analysis of the measures that States adopt domestically to implement treaties that establish mechanisms for the resolution of international disputes. The report’s scope subsumes both treaties that include dispute settlement mechanisms to resolve disputes concerning the substantive obligations contained therein as well as treaties that establish frameworks for dispute resolution simpliciter which may be used to resolve disputes arising under a variety of substantive treaties (collectively “international dispute settlement mechanism” or “IDSM” treaties). The approach of the research contained within this report has been to gather information about …
Revisiting “Mandatory Mediation: An Oxymoron?” Advancing Access To Civil Justice Through Mandatory Adr, Dorcas Quek Anderson
Revisiting “Mandatory Mediation: An Oxymoron?” Advancing Access To Civil Justice Through Mandatory Adr, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Access to civil justice, a concept integral to the rule of law, has been an enduring concern in many countries. One prominent strategy to enhance access to civil justice entails the use of alternative dispute resolution (ADR) methods prior to court adjudication. In this regard, efforts to embed ADR within the court system have intensified in both England and Wales and Singapore. In Singapore, the parties have a duty to consider ADR prior to and during civil proceedings. More significantly, the courts have been empowered to order parties to attempt ADR. In a similar vein, the English Court of Appeal …
The Latin American Principles For Out-Of-Court Workouts, Aurelio Gurrea-Martinez, Adolfo Rouillon
The Latin American Principles For Out-Of-Court Workouts, Aurelio Gurrea-Martinez, Adolfo Rouillon
Research Collection Yong Pung How School Of Law
Out-of-court workouts can save significant costs associated with the initiation of a formal insolvency proceeding. Therefore, they can help minimise the loss of value experienced by an insolvent firm, ultimately contributing to the maximisation of the returns to creditors and the reorganisation of viable but financially distressed businesses. Additionally, an out-of-court agreement can provide a level of flexibility and confidentiality that is usually lacking in formal insolvency proceedings. Thus, an out-of-court workout can serve as a valuable mechanism to deal with a situation of financial distress, especially in the context of countries with inefficient insolvency systems and companies with concentrated …
Siac Rules 2025: A Critical Evaluation In The Indian Arbitration Context, Siyuan Chen, Chin Kye Joel Ko
Siac Rules 2025: A Critical Evaluation In The Indian Arbitration Context, Siyuan Chen, Chin Kye Joel Ko
Research Collection Yong Pung How School Of Law
No abstract provided.
Reasons And Reasoning In Arbitral Awards, Eugene Thong, Yunwen Yvonne Guo
Reasons And Reasoning In Arbitral Awards, Eugene Thong, Yunwen Yvonne Guo
Research Collection Yong Pung How School Of Law
While the need for international arbitral awards to be supported by reasons appears self-evident, a closer analysis of relevant treaty and statutory provisions as well as tribunal practice reveals a surprising lack of consensus as to the extent to which arbitral awards should be reasoned. Through an analysis of the factors for and against reasoned awards and the reasons for the evolution towards reasoned awards in international arbitration, this article considers the practical implications of dispensing with such reasons and analyses what standard of reasoning is generally recommended in arbitral awards. It concludes with several broad principles on the recommended …
Anti-Suit Injunctions And Dispute Resolution Clauses, Adeline Chong
Anti-Suit Injunctions And Dispute Resolution Clauses, Adeline Chong
Research Collection Yong Pung How School Of Law
In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements. The first case, Asiana Airlines, Inc v Gate Gourmet Korea Co, Ltd (‘Asiana Airlines’)[1] dealt with whether A could rely on an arbitration agreement between A and B to restrain B’s proceedings against C, a third party. The second case, COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills (‘COSCO Shipping’)[2] considered whether an arbitration agreement covered a tortious claim. To put it in another way, Asiana …
Managed Diversity Along The Legal Silk Road: The Asean-Asia Relationship In International Arbitration, Mark Mclaughlin
Managed Diversity Along The Legal Silk Road: The Asean-Asia Relationship In International Arbitration, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
Efforts to foster closer economic integration often focus on the alignment of standards with respect to goods and services. The harmonization of substantive regulations mitigates the inevitable friction caused by moving assets from one jurisdiction to another. In this chapter, it is argued that interna- tional arbitration plays a similar function in the Association of Southeast Asian Nations (ASEAN)-Asia relationship. By providing a neutral and reliable forum for dispute resolution, international arbitration helps manage legal diversity by creating a ‘Legal Silk Road’ on which commercial parties can engage with a familiar dispute resolution process without having to engage the local …
Negotiating With Gpt-4: Digital Doormat Or Skilful Counterpart?, Dorcas Quek Anderson
Negotiating With Gpt-4: Digital Doormat Or Skilful Counterpart?, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Large language models (LLMs) such as GPT-4 have been creatively harnessed in the conflict resolution arena as dialogue agents interacting with humans within negotiations, due to their capacity for in-context learning and giving human-like responses. In light of the burgeoning use of LLMs in conflict resolution training, a pilot study was conducted to ascertain the desirability of using dialogue agents built on GPT-4 in conducting simulations for students learning negotiation skills. This article discusses insights gained from the study on the reliability of LLM agents in following prompts for negotiation simulations; notable negotiation behaviour of the LLM agent; the degree …
Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo
Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This chapter argues against the unitary characterisation, for choice of law purposes, of equitable principlesas they apply to claims relating to property as either property or obligation, and that they should be characterised as property or obligation in accordance with the functions of the equitable principles in each instance.
Through The Looking Glass: We All See Ideational Objects Here, J.G. Allen
Through The Looking Glass: We All See Ideational Objects Here, J.G. Allen
Research Collection Yong Pung How School Of Law
In this chapter, I explore the property law treatment of cryptoassets—and, presumably, other digital artefacts that are not clearly rights to anything or against anyone. I argue that such artefacts are well described as “ideational objects” and draw together insights from private law theory and social ontology to explore how we should think about complex objects with a social and a technical dimension. I then examine how the law of property can accommodate ideational objects as objects of property rights (including the right of ownership) and dealing such as transfer, and what challenges and implications this poses for the traditional …
Separability Doctrine: Perspectives From China, England And The Model Law, Jia Jun Benjamin Goh
Separability Doctrine: Perspectives From China, England And The Model Law, Jia Jun Benjamin Goh
Research Collection Yong Pung How School Of Law
In this article, the author compares the application of the separability doctrine in the People's Republic of China, England and Wales, and select Model Law jurisdictions (including Singapore and Hong Kong). This article argues that the proper scope of the doctrine must include situations of both contractual validity and existence are in question. Additionally, the doctrine should apply in finding that the law of the arbitration agreement is different from the law of the main contract. Finally, the doctrine must also serve to protect party autonomy to shield an arbitration agreement from self defeating main agreements.
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Since the COVID-19 pandemic, mediations have shifted dramatically from face-to-face settings to the virtual realm, resulting in the widespread acceptance of using virtual communication channels, including videoconferencing, audio calls, and text messaging. With the waning of the pandemic, mediators and parties presently face a plethora of choices in fitting their mediation to the appropriate communication channel. Thus, having an accurate, evidence-based understanding of different communication modes’ impact on mediation is necessary to design an optimal mediation process.Some decades ago, Sander and Goldberg formulated the phrase “fitting the forum to the fuss” to describe the process of choosing the most appropriate …
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Research Collection Yong Pung How School Of Law
When an award debtor challenges an award on public policy grounds, usually the principle of finality prevails, and courts will consider the award debtor bound by the decision of the tribunal. However, because public policy has implications beyond the disputing parties themselves, some courts consider themselves justified in reviewing the award. There is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground, and if so, the extent of permissible review, differs across various jurisdictions. For instance, common law authorities have …
Conceptualising State-Centric Mediation: An Analysis Of China's Foreign Investment Complaints Mechanism, Mark Mclaughlin
Conceptualising State-Centric Mediation: An Analysis Of China's Foreign Investment Complaints Mechanism, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that China's foreign investor complaints system constitutes 'state-centric investment mediation'. The Rules on Handling Complaints of Foreign-Invested Enterprises, which entered into force on 1 October 2020, place a state agency in the position of facilitating negotiations between a foreign investor and the agency being complained against. The prospects for this complaints system depend on how the state-as-mediator dynamic is perceived by foreign investors. To this end, it will be argued that settlement agreements reached pursuant to this system may be enforceable under the Singapore Convention on Mediation in certain circumstances. Investors and government entities operating similar systems …
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Constitutional Supremacy, Inherent Powers, And Orders That Damages Or Costs Be Paid In Instalments: Tan Meow Hiang V Ong Kay Yong [2023] Sghc 286, Benjamin Joshua Ong
Constitutional Supremacy, Inherent Powers, And Orders That Damages Or Costs Be Paid In Instalments: Tan Meow Hiang V Ong Kay Yong [2023] Sghc 286, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The General Division of the High Court of Singapore stated (obiter) in Tan Meow Hiang v Ong Kay Yong that it does not have a general power to order that damages or costs be paid in instalments. It reasoned that any such power must have been impliedly restricted by legislation. So instalment orders can only be made (a) by certain subordinate courts; (b) by the General Division on appeal; (c) by the General Division at first instance in personal injury cases. In response, this note aims to advance the conversation on the law on instalment orders and what the Constitution …
Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze
Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze
Research Collection Yong Pung How School Of Law
This article argues that specific mechanisms and best practices should be adopted by different players in the Belt and Road Initiative (BRI) dispute resolution ecosystem to mitigate the risks of multiple proceedings and abuse of procedure. Specifically, (i) states should enhance their multilateral and bilateral treaty practices; (ii) arbitral institutions should enhance their arbitral rules as well as cooperate with each other; and (iii) states should direct more efforts to dispute prevention and amicable dispute settlement. This article will explain what these best practices and mechanisms are.
Caroline E. Foster, Global Regulatory Standards In Environmental And Health Disputes: Regulatory Coherence, Due Regard, And Due Diligence, Henry S. Gao
Research Collection Yong Pung How School Of Law
With ‘The Rise of the Regulatory State’ 1 at the beginning of the twentieth century, regulation replaced litigation as the main method of social control in the United States. Over the past few decades, more and more countries around the world started to follow the example of the United States, which led to the global expansion of the regulatory state. This in turn spurred more international disputes due to divergences in the respective regulatory standards. Theoretically speaking, global regulation might be the best solution. However, so far this not happened, partly due to the paralysis of the law-making functions of …
Emojis And Contract Formation: South West Terminal Ltd V Achter Land & Cattle Ltd [2023] Skkb 116, Kian Peng Soh
Emojis And Contract Formation: South West Terminal Ltd V Achter Land & Cattle Ltd [2023] Skkb 116, Kian Peng Soh
Research Collection Yong Pung How School Of Law
This case note analyses the decision in the Canadian case of South West Terminal Ltd v Achter Land & Cattle Ltd [2023] SKKB 116 and considers how Singapore law would be applied to a situation where emojis are used in the course of negotiations leading up to the formation of a contract.
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Research Collection Yong Pung How School Of Law
Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023. Two declarations were lodged: first, against Article 8(1) objecting to the direct service of judicial documents upon persons in Singapore through foreign diplomatic or consular agents unless the documents are to be served upon a national of the State from which the documents originate; and secondly, objecting to service of judicial and extrajudicial documents in Singapore by the methods of transmission set …
Regional Human Rights Courts And Specialised Treaty Mechanisms For Investor-State Dispute Resolution, N. Jansen Calamita, Stefanie Schacherer, Facundo Perez-Aznar, Aikaterini Florou
Regional Human Rights Courts And Specialised Treaty Mechanisms For Investor-State Dispute Resolution, N. Jansen Calamita, Stefanie Schacherer, Facundo Perez-Aznar, Aikaterini Florou
Research Collection Yong Pung How School Of Law
The purpose of the present report is to provide an overview and analysis of the measures that States adopt internally to implement treaties establishing international court and tribunals and other international dispute settlement mechanisms (“IDSM treaties”). Although this report cannot be comprehensive in its survey of practices across all States, this analysis is intended to be useful in three ways. First, it can be useful with respect to the design and drafting of an instrument establishing a multilateral investment dispute settlement mechanism. Second, it can be useful for States when considering what types of implementing measures they may need to …
The New System Of Civil Appeals: What "Constitutional Or Administrative Law" Is; Whether To Appeal To The Appellate Division Or The Court Of Appeal; And Proposals For Further Reform, Benjamin Joshua Ong
The New System Of Civil Appeals: What "Constitutional Or Administrative Law" Is; Whether To Appeal To The Appellate Division Or The Court Of Appeal; And Proposals For Further Reform, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
An application was made under s 95 of the Legal Profession Act to set aside a penalty imposed by the Council of the Law Society. The Court of Appeal held that an appeal lay to the Appellate Division of the High Court, and not the Court of Appeal, because this was not a “case relating to constitutional or administrative law”. The reasoning is problematic: it relied on an overly narrow conception of “public powers”, conflated judicial review with administrative law more broadly, erroneously considered the merits of the application as relevant to the “which court” question, and overlooked the similarities …
International And Regional Courts And Tribunals, N. Jansen Calamita, Stefanie Schacherer, Facundo Perez-Aznar, Aikaterini Florou
International And Regional Courts And Tribunals, N. Jansen Calamita, Stefanie Schacherer, Facundo Perez-Aznar, Aikaterini Florou
Research Collection Yong Pung How School Of Law
The purpose of the present report is to provide an overview and analysis of the measures that States adopt internally to implement treaties establishing international court and tribunals and other international dispute settlement mechanisms (“IDSM treaties”). Although this report cannot be comprehensive in its survey of practices across all States, this analysis is intended to be useful in three ways. First, it can be useful with respect to the design and drafting of an instrument establishing a multilateral investment dispute settlement mechanism. Second, it can be useful for States when considering what types of implementing measures they may need to …
Influence In Investor-State Dispute Settlement: A Dynamic Concept, Rachel Cahill-O'Callaghan, Anna Luisa Howard, Stavros Brekoulakis
Influence In Investor-State Dispute Settlement: A Dynamic Concept, Rachel Cahill-O'Callaghan, Anna Luisa Howard, Stavros Brekoulakis
Research Collection Yong Pung How School Of Law
Investor-state dispute settlement (ISDS) plays an increasingly important role in international trade resolution. The decisions have significant financial and in many cases policy implications, yet little is known about the formation of the ad-hoc panels and the decision-making process. Drawing on empirical evidence from interviews with key actors in the ISDS system, this article argues that influence plays a central role in both processes. The analysis further develops the framework for understanding influence in international decision-making to accommodate external factors (those visible to those appointing the decision-makers) and internal factors (those factors that become visible in the decision-making room). It …
Two Decades After Salini V Morocco: The Case For Retaining The Salini Test With Modifications, Darius Chan, Justin Lai
Two Decades After Salini V Morocco: The Case For Retaining The Salini Test With Modifications, Darius Chan, Justin Lai
Research Collection Yong Pung How School Of Law
The definition of an investment under Article 25 of the ICSID Convention continues to attract a divergence of views. Ever since its use in 2001, the Salini Test, in its various forms, has become the predominant method that tribunals use to determine whether there is an investment. However, the Salini Test is hardly free from controversy, and suffers from two significant issues. First, its criteria are often subject to differing interpretations, leading to confusion over how the test should actually be applied. Second, the Salini Test has lost its legal force over time, as it has been relegated to factors …
A Review Of The 2021/22 International Moots Season, Siyuan Chen
A Review Of The 2021/22 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the eighth1 annual review of Singapore’s performance in international moot court competitions.2 An overview of the results for this season is presented at Table #1 below, while Tables #2 and #3 provide a snapshot of the results of the past 10 seasons. Despite the substantial lifting of travel restrictions throughout the world, the 2021/22 international moots season remained a virtually conducted one for many competitions, though competitions such as IP, Stetson, PAX, and WTO saw a much-welcomed return to in-person hearings, allowing students to compete and interact with teams and judges from around the world at places such …