The Singapore Convention on Mediation

The Singapore Convention on Mediation
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 432
Release :
ISBN-10 : 9789403528236
ISBN-13 : 9403528230
Rating : 4/5 (36 Downloads)

Synopsis The Singapore Convention on Mediation by : Nadja Alexander

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.

The Singapore Convention on Mediation

The Singapore Convention on Mediation
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 349
Release :
ISBN-10 : 9789403514918
ISBN-13 : 9403514914
Rating : 4/5 (18 Downloads)

Synopsis The Singapore Convention on Mediation by : Nadja Alexander

The Singapore Convention on Mediation presents a comprehensive and insightful commentary on the Singapore Convention and the emerging field of the private international law of mediation. The Convention is just beginning its life as an international legal instrument. Recent years have witnessed the growing recourse to mediation as an alternative method of solving disputes in the sphere of international commercial and investment relations. How is it likely to fare? In this first comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with analysis of potential controversies and authoritative clarifications of particular provisions. What’s in this book: The book’s meticulous examination considers the following 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 internationally mediated settlement agreements; – the grounds for refusal to grant relief under the Convention; – mediator misconduct as a ground for refusal to grant relief; – the impact of the Convention on private international law; – the relationship of the Singapore Convention with 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. How this will help you: This book will be one of the first publications providing legal practitioners and other stakeholders with legal commentary on the Singapore Convention on Mediation. It informs readers of the legal implications and potential controversies associated with the Convention and offers much-needed clarifications on particular provisions 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 sure to become an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

Mediation in International Commercial and Investment Disputes

Mediation in International Commercial and Investment Disputes
Author :
Publisher : Oxford University Press, USA
Total Pages : 417
Release :
ISBN-10 : 9780198827955
ISBN-13 : 0198827954
Rating : 4/5 (55 Downloads)

Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi

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.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 313
Release :
ISBN-10 : 9789403528632
ISBN-13 : 940352863X
Rating : 4/5 (32 Downloads)

Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

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.

UNCITRAL Conciliation Rules

UNCITRAL Conciliation Rules
Author :
Publisher : New York : United Nations
Total Pages : 24
Release :
ISBN-10 : UIUC:30112020919780
ISBN-13 :
Rating : 4/5 (80 Downloads)

Synopsis UNCITRAL Conciliation Rules by : United Nations Commission on International Trade Law

Multi-Tier Approaches to the Resolution of International Disputes

Multi-Tier Approaches to the Resolution of International Disputes
Author :
Publisher : Cambridge University Press
Total Pages : 545
Release :
ISBN-10 : 9781108490603
ISBN-13 : 1108490603
Rating : 4/5 (03 Downloads)

Synopsis Multi-Tier Approaches to the Resolution of International Disputes by : Anselmo Reyes

Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Global Trends in Mediation

Global Trends in Mediation
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 514
Release :
ISBN-10 : 9789041125712
ISBN-13 : 904112571X
Rating : 4/5 (12 Downloads)

Synopsis Global Trends in Mediation by : Nadja Marie Alexander

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.

The Future of Dispute Resolution

The Future of Dispute Resolution
Author :
Publisher : Butterworth-Heinemann
Total Pages : 297
Release :
ISBN-10 : 0409332763
ISBN-13 : 9780409332766
Rating : 4/5 (63 Downloads)

Synopsis The Future of Dispute Resolution by : Michael Legg

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.

Toward Uniformly Accepted Principles for Interpreting MFN Clauses

Toward Uniformly Accepted Principles for Interpreting MFN Clauses
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 606
Release :
ISBN-10 : 9789403532745
ISBN-13 : 9403532742
Rating : 4/5 (45 Downloads)

Synopsis Toward Uniformly Accepted Principles for Interpreting MFN Clauses by : Nudrat Ejaz Piracha

siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.

Mediation in Singapore

Mediation in Singapore
Author :
Publisher :
Total Pages : 566
Release :
ISBN-10 : 9811481105
ISBN-13 : 9789811481109
Rating : 4/5 (05 Downloads)

Synopsis Mediation in Singapore by : Danny McFadden

This 3rd edition is being published during an unprecedented global pandemic. However, in recent years, Singapore has continued to improve and add to its mediation movement and institutions which have helped it to face the challenges brought on by Covid-19. The reader will benefit not only from learning about the history and the current mediation scene in Singapore, but also the new regulations and institutions which have been created to further enhance Singapore's claim to be a prominent centre for effective dispute resolution in Asia and globally.