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Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9403528230
Category : Law
Languages : en
Pages : 432
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Book Description
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9403528230
Category : Law
Languages : en
Pages : 432
Get Book
Book Description
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author: Guillermo Palao
Publisher: Edward Elgar Publishing
ISBN: 1800884850
Category : Law
Languages : en
Pages : 351
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Book Description
This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.
Author: Nadja Alexander
Publisher:
ISBN: 9789403528250
Category : Law
Languages : en
Pages : 0
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Book Description
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book''s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention''s enforcement mechanism works; the meaning of ''international'' and the absence of a seat of mediation; the Convention''s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ''Convention ready''. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author: Catharine Titi
Publisher: Oxford University Press, USA
ISBN: 0198827954
Category : Law
Languages : en
Pages : 417
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Book Description
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 313
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Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author: Michael Legg
Publisher: Butterworth-Heinemann
ISBN: 9780409332766
Category : Australia
Languages : en
Pages : 297
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Book Description
Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Author: Joel Lee
Publisher: World Scientific
ISBN: 981310838X
Category : Political Science
Languages : en
Pages : 168
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Book Description
Is the need for a power balance still necessary for mediation in the Singapore context? In an increasingly digitised world, what challenges are there for online mediation? Is the distinction between facilitative and evaluative mediation still relevant? These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series. Contents:Could Power Imbalance Be Power in Balance? Looking at Power Imbalances through a Singaporean Cultural Lens (Ng Wan Qing)Mediation Advocacy: Doing Good, Doing Right, and Doing Well (Valencia Soh Ywee Xian)The Facilitative-Evaluative Divide: Have We Lost Sight of What's Important? (Javier Yeo)Mediating the ASEAN Way: An ASEAN Perspective on Mediation (Jaime Lye)Faces of Singapore & Mediation (Joey Lim Yue Tow)Manipulation in Mediation (Koh Zhen Yang)The SIAC-SIMC Arb-Med-Arb Protocol: Enforcing International Commercial Mediated Settlement Argeements (MSAs) through the New York Convention (Chng Teck Kian Desmond)Shall We Medi@? (Phua Jun Han)Good Faith Participation in Mediation (Chan Min Hui)Bridging the Concepts of Neutrality and Power Imbalance (Tan Ting Wei Kelly) Readership: Students, researchers, and general readers who are interested in the current theories and applications of mediation concepts and practices, especially in the Singapore context.
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
ISBN: 904112571X
Category : Law
Languages : en
Pages : 514
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Book Description
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Author: Joel Lee
Publisher: World Scientific
ISBN: 9811220549
Category : Law
Languages : en
Pages : 187
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Book Description
Contemporary Issues in Mediation (CIIM) Volume 5 builds on the success of the past four volumes as testament to a growing interest of authors and readers in the wide variety of issues that arise with mediation. Readers stand to benefit from a diverse range of topics selected for their high quality of research and novelty. With the recent signing of the Singapore Convention on Mediation in August 2019, there is no doubt that mediation is and will continue to be extremely pertinent in the world of dispute resolution. Edited by Singapore's leading expert on mediation and negotiation, Professor Joel Lee (National University of Singapore, Faculty of Law), the Chief Executive Officer of SIMI, Mr. Marcus Lim, and Assistant Professor Dorcas Quek-Anderson (Singapore Management University, Faculty of Law), CIIM Volume 5 is a unique and valuable addition to the growing body of literature in mediation and dispute resolution.
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545
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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
