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Articles 181 - 210 of 315
Full-Text Articles in Dispute Resolution and Arbitration
Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua
Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua
Research Collection Yong Pung How School Of Law
Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.
Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low
Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low
Research Collection Yong Pung How School Of Law
The law of nuisance is an area which is fraught with difficulties. In Lawrence v Fen Tigers [2014] 2 WLR 433, the UK Supreme Court dealt with several of these issues, in particular the relevance of planning permission and when damages should be granted in lieu of an injunction. This comment examines the decision and its implications.
Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua
Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua
Research Collection Yong Pung How School Of Law
Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.
The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan
The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Scope Of ‘De Novo’ Review Of An Arbitral Tribunal’S Jurisdiction, Darius Chan
The Scope Of ‘De Novo’ Review Of An Arbitral Tribunal’S Jurisdiction, Darius Chan
Research Collection Yong Pung How School Of Law
In PT First Media TBK (formerly known as PT Broadband Multimedia TBK) v Astro Nusantara International BV [2014] 1 SLR 372 (“Astro”), the Singapore Court of Appeal held that the Court will apply a de novo standard of review when reviewing an arbitral award on the grounds of lack of jurisdiction. What exactly is the scope of de novo review? Specifically, can a party adduce before the Court fresh evidence that had not been put before the arbitral tribunal? Can a party insist that the Court re-hear oral testimony of witnesses who had testified before the arbitral tribunal?These separate but …
Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander
Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander
Research Collection Yong Pung How School Of Law
This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly global …
Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua
Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua
Research Collection Yong Pung How School Of Law
Singapore’s vibrant dispute resolution sector has been growing on the back of a significant rise in commercial transactions in Asia and a corresponding increase in the number and complexity of cross-border disputes. In particular, Singapore has achieved significant success in the field of international arbitration. Singapore has been recognised as the third most preferred seat of arbitration, after London and Geneva, and the Singapore International Arbitration Centre (“SIAC”) is the fourth most preferred arbitral institution worldwide despite being a relatively young institution. In recent years, Singapore law firms have also ranked amongst the top international arbitration practices in Asia.In order …
Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo
Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
When Singapore joined the Hague Conference on 9 April 2014, it was widely anticipated that it would adopt the Hague Convention on Choice of Court Agreements 2005. This article explores the differences between the Convention regime and the common law position in Singapore, the likely effects of the adoption of the Convention under Singapore law, as well as the considerations that are likely to influence Singapore's approach to the adoption of the Convention.
Mortgagee’S Right To Take Possession Subject To Existing Lease: United Overseas Bank Ltd V Loh Boon Hua [2015] Sghcr 9, Alvin W. L. See
Mortgagee’S Right To Take Possession Subject To Existing Lease: United Overseas Bank Ltd V Loh Boon Hua [2015] Sghcr 9, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This case raises the interesting issue of whether a mortgagee’s right to enter into possession of a mortgaged property upon the mortgagor’s default is subject to a prior and existing lease. The determination of this issue has important implications given Singapore’s sizeable rental market and the absence of prohibition against a landlord mortgaging a property that is already rented out.
Negotiation And Memory, Nadja Alexander
Negotiation And Memory, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the short term memory, and how we can make the most use of it in negotiation is explored.
Mediation, Seng Onn Loong, Dorcas Quek Anderson
Mediation, Seng Onn Loong, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.
Understanding An Option To Renew A Lease: Areif (Singapore I) Pte Ltdv Ntuc Fairprice Co-Operative Ltd [2015] Sghc 28, Alvin W. L. See
Understanding An Option To Renew A Lease: Areif (Singapore I) Pte Ltdv Ntuc Fairprice Co-Operative Ltd [2015] Sghc 28, Alvin W. L. See
Research Collection Yong Pung How School Of Law
The dispute in this case arose from the attempt by NTUC Fairprice Co-operative Ltd (“NTUC”), operator of the well-known chain of Fairprice supermarkets, to renew a lease of seven units (“the premises”) in a commercial building located close to the busy Orchard shopping district. The landlord, AREIF (Singapore I) Pte Ltd (“AREIF”), refused renewal and eventually leased the premises to a competing supermarket chain, Cold Storage. Before the High Court, the legal issue to be decided was whether, on the proper construction of the relevant term of lease agreement, AREIF was under any obligation to renew the lease.
What’S Your Country’S Mediation-Friendly Ranking?, Nadja Alexander
What’S Your Country’S Mediation-Friendly Ranking?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, relevant variables for the mediation friendly jurisdictional scale are set out.
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Research Collection Yong Pung How School Of Law
The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …
The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua
The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua
Research Collection Yong Pung How School Of Law
In 2002, UNCITRAL developed the Model Law on International Commercial Conciliation.1 Although at that stage there was a strong effort to develop a uniform enforcement mechanism, the ultimate conclusion was that because of the great variance in the technicalities of domestic procedural laws, harmonisation by way of uniform legislation was not feasible (UNCITRAL 2004: 55). Eventually, Article 15 merely provided that: If the parties reach and sign an agreement settling a dispute, that settlement agreement is binding and enforceable … [the enacting State inserts a description of the method of enforcing settlements agreements or refers to provisions governing such enforcement].
The Presumption Of Resulting Trust: A New Era?, Man Yip
The Presumption Of Resulting Trust: A New Era?, Man Yip
Research Collection Yong Pung How School Of Law
This entry is written in anticipation of the forthcoming appeal against the recent High Court judgment in Mak Saw Ching v Yam Hui Min, Barbara Rebecca [2014] SGHC 212. The appeal shall provide a further opportunity for the Court of Appeal to clarify and refine the law on the presumption of resulting trust after the important decision of Chan Yuen Lan v See Fong Mun [2014] 3 SLR 1048 released earlier this year. However, the High Court judgment is not to be missed as well. The decision highlights interesting issues for the appellate bench’s consideration, and could be the forerunner …
Empirical Study On International Commercial Mediation And Conciliation, Nadja Alexander
Empirical Study On International Commercial Mediation And Conciliation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the preliminary results from the empirical study on international commercial mediation and conciliation are presented.
Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander
Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. Despite the apparent advantages of mediation and the international regulatory activity outlined above, cross-border commercial mediation practice has been slow to develop. At dispute resolution conferences and other get-togethers, mediators and other ADR advocates ask themselves, “Why”? While there is little empirical …
Do We Need Laws To Help Us Say Sorry?, Nadja Alexander
Do We Need Laws To Help Us Say Sorry?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the role of an 'apology legislation' is illustrated.
Settlement – A Mediator’S Prayer, Nadja Alexander
Settlement – A Mediator’S Prayer, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the post on the Kluwer Mediation Blog, the first published poetic piece on mediation ‘A Mediator’s Prayer’ by Hong Hong mediator, lawyer and poet, TK Iu, is applauded.
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Research Collection Yong Pung How School Of Law
No abstract provided.
Public-Private Partnership: The Chinese Dilemma, Henry S. Gao
Public-Private Partnership: The Chinese Dilemma, Henry S. Gao
Research Collection Yong Pung How School Of Law
As noted by Greg Shaffer in his book ‘Defending Interests: Public-Private Partnerships in WTO Litigation’, the US and EU have different approaches to public-private partnership in dealing with foreign trade barriers: the former tends to be more ‘bottom-up’, while the latter tends to be ‘top-down’. Inspired by Shaffer’s work, this article examines China’s experience in establishing public-private partnership. Initially, China appeared to prefer the American approach by adopting the Rules on Trade Barrier Investigation (TBI), which empowers domestic firms to petition the government directly to launch investigation against foreign trade barriers. However, since 2005, China seems to have shifted to …
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua
Research Collection Yong Pung How School Of Law
No abstract provided.
Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen
Research Collection Yong Pung How School Of Law
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some thoughts on the discussions on the New York Convention for Mediation are presented.
Our Best Negotiators Are Humble People…, Nadja Alexander
Our Best Negotiators Are Humble People…, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some excerpts from the interview with one of Hong Kong’s leading police negotiators, Dr. Gilbert Wong, about his work as a crisis negotiator and his lessons for life and business are presented.
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the key to crisis negotiating is explored.
Nudging Cross-Border Mediation Forward, Nadja Alexander
Nudging Cross-Border Mediation Forward, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, nudging as a way to help people make good decisions is explained in the context of mediation.
Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua
Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua
Research Collection Yong Pung How School Of Law
In Koh Chong Chiah and others v Treasure Resort Pte Ltd,1 the Court of Appeal issued acomprehensive judgment outlining when representative actions may be brought pursuant toO 15 r 12 of the Rules of Court,2 which provides that:Where numerous persons have the same interest in any proceedings, … theproceedings may be begun, and, unless the Court otherwise orders, continued, by oragainst any one or more of them as representing all or as representing all except oneor more of them [emphasis added].
Chief Justice Of Samoa Launches Mediation Rules, Nadja Alexander
Chief Justice Of Samoa Launches Mediation Rules, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the launch of Samoa’s Mediation Rules 2013 by His Honour Patu Tiava’asue Falefatu Sapolu is presented.