Mediation Goes Global In Singapore,
2015
Singapore Management University
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,
2015
Singapore Management University
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,
2015
Singapore Management University
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?,
2015
Singapore Management University
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,
2015
Singapore Management University
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 …
Mediation Goes Global In Singapore,
2015
Singapore Management University
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.
C-Drum News, Fall 2015,
2015
University of Maryland Francis King Carey School of Law
Shaking Decision Trees For Risks And Rewards,
2015
University of Cincinnati College of Law
Shaking Decision Trees For Risks And Rewards, Marjorie Corman Aaron
Faculty Articles and Other Publications
This articles explains the power and limitations of the role of numbers in the use of decision trees. Decision tree analysis involves cumulating probabilities. The method is also used to derive a “discounted value”: the sum of each possible outcome multiplied by its cumulative probability. Probability estimates must be true to their location on the tree and must assess interdependence of outcomes at risk pivots. When calculating cumulative probabilities, probabilities along a path must absolutely must be independent. A decision tree that is too simple fails to represent complex realities. One of the strongest reasons to use decision analysis is …
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children,
2015
University of Miami School of Law
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg
Articles
No abstract provided.
Mandatory Process,
2015
Harvard University
Mandatory Process, Matthew J.B. Lawrence
Indiana Law Journal
This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …
Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German),
2015
Singapore Management University
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 …
Mandatory Arbitration In Consumer Finance And Investor Contracts,
2015
University of Michigan Law School
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Articles
Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015),
2015
Nevada Law Journal
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Nevada Supreme Court Summaries
The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015),
2015
Nevada Law Journal
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Nevada Supreme Court Summaries
The Court held that an employment arbitration agreement, which contains a clause waiving the right to initiate or participate in class actions, constitutes a valid contract, even though it is not signed by the employer. The Court further determined that the Federal Arbitration Act applies to all transactions involving commerce and does not conflict with the National Labor Relations Act, which permits and requires arbitration. Finally, the Court found that a party does not automatically waive its contractual rights to arbitration by removing an action to federal court.
What Makes Lawyers Happy? – And How Can You Help?,
2015
University of Missouri School of Law
What Makes Lawyers Happy? – And How Can You Help?, John Lande
Faculty Blogs
This post summarizes Lawrence Krieger and Kennon Sheldon’s impressive study, What Makes Lawyers Happy?: A Data-Driven Prescription to Redefine Professional Success. They write, “[T]he current data show that the psychological factors [related to subjective well-being] seen to erode during law school are the very factors most important for the well-being of lawyers. Conversely, the data reported here also indicate that the factors most emphasized in law schools – grades, honors, and potential career income, have nil to modest bearing on lawyer well-being.”
Fairness, Trust And Security In Online Dispute Resolution,
2015
Creighton University
Fairness, Trust And Security In Online Dispute Resolution, Noam Ebner, John Zeleznikow
Journal of Public Law and Policy
No abstract provided.
Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy,
2015
Weil, Gotshal & Manges LLP, New York, NY
Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong
Michigan Journal of International Law
Unlike many types of domestic arbitration where unreasoned awards (often called “standard awards”) are the norm, international commercial arbitration routinely requires arbitrators to produce fully reasoned awards. However, very little information exists as to what constitutes a reasoned award in the international commercial context or how to write such an award. This lacuna is extremely problematic given the ever-increasing number of international commercial arbitrations that arise every year and the significant individual and societal costs that can result from a badly written award. Although this Article is aimed primarily at specialists in international commercial arbitration, the material is also useful …
Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight
Nevada Law Journal
No abstract provided.
Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews
Nevada Law Journal
No abstract provided.
Recent Developments In International Mediation: Singapore’S Unique Approach,
2015
Singapore Management University
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 …
