Academic literature on the topic 'Singapore mediation convention'

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Journal articles on the topic "Singapore mediation convention"

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Hoefnagel, Justus. "Singapore Convention on Mediation – positie Australië." Tijdschrift voor mediation en conflictmanagement 23, no. 2-3 (December 2019): 77. http://dx.doi.org/10.5553/tmd/138638782019023203009.

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Tong, Edwin. "The Genesis of the Singapore Convention." Proceedings of the ASIL Annual Meeting 114 (2020): 117–20. http://dx.doi.org/10.1017/amp.2021.30.

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Thank you to all of you for having me here. I am in very distinguished company today. What I would like to do is to provide an outline of the genesis of the Singapore Convention on Mediation (Convention), how we got here, and more importantly, how we see ourselves moving forward. It is important that, having achieved this significant milestone, we do not rest on our laurels. We need to take steps to ensure that mediation will be adopted and become mainstream in dispute resolution.
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Yin, Yatian. "Singapore Convention on Mediation and Its Ratification in China." Proceedings of Business and Economic Studies 4, no. 4 (August 27, 2021): 55–59. http://dx.doi.org/10.26689/pbes.v4i4.2386.

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China has signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, namely the Singapore Convention on Mediation, on August 7, 2019, making it possible for China’s domestic courts to resolve international commercial disputes by implementing settlement agreements resulting from international commercial mediation. Relying on the Belt and Road Initiative (BRI), numerous commercial mediation organizations have successively established and integrated mediation into the international commercial dispute resolution mechanism in making effort for the internationalization of China’s commercial mediation system under the background of improving diversified dispute resolution mechanisms. Based on the status quo of commercial mediation in China, this article focuses on the connection and convergence between China’s practice and the principle of the Convention, as well as discusses the rationality for its ratification.
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Clark, Bryan, and Tania Sourdin. "The Singapore Convention: A Solution in Search of a Problem?" Northern Ireland Legal Quarterly 71, no. 3 (November 5, 2020): 481–99. http://dx.doi.org/10.53386/nilq.v71i3.558.

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This paper explores the purpose and efficacy of the United Nations Convention on International Settlement Agreements Resulting from Mediation (‘Singapore Convention’ or ‘Convention’). The Convention’s genesis was premised on the notion of alleviating the enforceability issues that are annexed to settlement agreements arising from cross-border mediation (IMSA). While such enforceability issues are not entirely unfounded, the way in which the Convention has been drafted to address such issues has been the subject of criticism. In view of such criticisms, this paper explores the empirical research upon which the Convention’s introduction is based and queries whether the structure of the instrument heralds an unnecessary juridification of the mediation process. In particular, a close review of the research highlights the unintended consequences that can flow from the Convention’s uptake, suggesting that the introduction of the Convention may lead to an increase in issues pertaining to IMSA enforcement. It is in this context in which this paper submits that the Convention may be regarded as a solution in search of a problem.
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CHUA, Eunice. "The Singapore Convention on Mediation—A Brighter Future for Asian Dispute Resolution." Asian Journal of International Law 9, no. 2 (January 2, 2019): 195–205. http://dx.doi.org/10.1017/s2044251318000309.

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AbstractOn 26 June 2018, the United Nations Commission on International Trade Law [UNCITRAL] approved, largely without modification, the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) and amendments to the Model Law on International Commercial Mediation prepared by Working Group II. These instruments aim to promote the enforceability of international commercial settlement agreements reached through mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. This paper provides a critical analysis of the Singapore Convention, and some commentary from an Asian perspective.
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LEE, Jae-min. "2019 "Singapore Convention" on the Enforcement of International Mediation." Seoul International Law Jornal 26, no. 1 (June 30, 2019): 101–12. http://dx.doi.org/10.18703/silj.2019.06.26.1.101.

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Jovanović, Marko. "The Singapore Convention as a new element of the legal framework applicable to international commercial mediation." Pravo i privreda 58, no. 3 (2020): 177–200. http://dx.doi.org/10.5937/pip2003177j.

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This paper offers an analysis of the key provisions of the recently concluded Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention). A special attention is given to a particularly innovative element of the Convention - the so-called functional recognition of the settlement agreements. This concept is crucial for the overall understanding of the new mechanism that the Singapore Convention seeks to introduce. Although it may be assumed that the adherence to the functional recognition approach is likely to decrease the costs and reduce the time necessary for resolution of international commercial disputes, it is also prone to inducing many problems susceptible of jeopardizing the long-term sustainability of the system that the Singapore Convention aspires to establish. In order to avoid those problems, national and international sources of law applicable to commercial mediation should be fundamentally revisited and reformed.
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Treichl, Clemens. "The Singapore Convention: Towards a Universal Standard for the Recognition and Enforcement of International Settlement Agreements?" Journal of International Dispute Settlement 11, no. 3 (August 23, 2020): 409–29. http://dx.doi.org/10.1093/jnlids/idaa013.

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Abstract The Singapore Convention seeks to establish a universal standard for the recognition and enforcement of international settlement agreements resulting from mediation. Assuming it finds wide acceptance, the Convention could harmonize existing enforcement mechanisms, the effect of which typically does not extend to foreign jurisdictions. Ideally, this could leverage mediation in a similar way as the New York Convention helped establish arbitration as the prime means of dispute settlement on the international plane. After contextualizing the Singapore Convention in light of the increasing diversification of dispute resolution methods, this article concludes that this aspiration is unlikely to turn into reality anytime soon. To this end, it considers traditional approaches to the enforcement of settlement agreements as well as the genesis and cornerstones of the Singapore Convention and briefly examines its interplay with arbitral proceedings and domestic legal systems.
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Apter, Itai. "The Singapore Convention on Mediation: The Right Instrument at the Right Time." Proceedings of the ASIL Annual Meeting 114 (2020): 120–23. http://dx.doi.org/10.1017/amp.2021.31.

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The Singapore Convention on Mediation debuted about a year ago, gaining great success and recognition in a very short time. The past year also presented a major challenge to the international community in the form of the COVID-19 pandemic. The world is finding ways to successfully meet the challenges. This was evidenced by the ASIL online annual meeting, featuring a panel on the Singapore Convention with diverse speakers from around the globe, speaking in their own time zone and from their own office or home. I had the honor to represent Israel on this panel.
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Jeong, Sun Ju. "Singapore Convention on Mediation and Recognition and Enforcement of Settlement Agreement." CIVIL PROCEDURE 24, no. 2 (June 30, 2020): 1–37. http://dx.doi.org/10.30639/cp.2020.06.24.2.1.

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Dissertations / Theses on the topic "Singapore mediation convention"

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Mohamed, Bashir. "Commercial cross-border mediation : Is there a better way of promoting it?" Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-408671.

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Vanišová, Veronika. "Mediace jako metoda řešení mezinárodních obchodních sporů." Doctoral thesis, 2019. http://www.nusl.cz/ntk/nusl-408417.

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1 Mediation as a Mean of International Commercial Dispute Resolution Abstract The subject of this dissertation is the topic of mediation in solving international commercial disputes. At the outset, the author focuses on the general theory of dispute and argues that the main psychological features of thinking about conflicts are inherent in virtually all types of social relations, regardless of their specific nature. It is therefore useful to recall the knowledge about the psychology of conflict in the context of research on the resolution of international commercial disputes, as this initial line of reasoning is also present. In the first part of the dissertation, the author defines the position of mediation within the spectrum of the dispute resolution and identifies its relationship with other ADR methods. She is particularly concerned with the recent change in the ADR area, particularly as regards the shift of arbitration towards judicial proceedings and convergence of mediation with arbitration in certain respects. Furthermore, the author considers the importance of mediation for international commerce, noting in particular the aspect of the institutionalisation of mediation and touches on the phenomenon of regional change in international trade. The author points out that the cross-border commercial...
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Book chapters on the topic "Singapore mediation convention"

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Chong, Shouyu. "The Singapore Convention on Mediation." In Construction Arbitration and Alternative Dispute Resolution, 29–49. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-4.

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Alexander, Nadja, and Shouyu Chong. "The Singapore Convention on Mediation." In The Asian Turn in Foreign Investment, 340–60. Cambridge University Press, 2021. http://dx.doi.org/10.1017/9781108675772.020.

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"Singapore Convention on International Settlement Agreements Resulting from Mediation." In Forming Transnational Dispute Settlement Norms, 81–104. Edward Elgar Publishing, 2021. http://dx.doi.org/10.4337/9781789907179.00014.

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Lange, Celine. "The Singapore Convention on Mediation: International Commercial Mediation on Her Own Two Feet." In Contemporary Issues in Mediation, 27–35. WORLD SCIENTIFIC, 2020. http://dx.doi.org/10.1142/9789811220531_0003.

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Tiong Min, Yeo. "Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 35 Singapore: Singaporean Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0035.

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This chapter describes Singaporean perspectives on the Hague Principles. Party autonomy is recognized as a very important principle in the private international law of Singapore. The primacy given to the role of party autonomy is evidenced by the adoption of the New York Convention and UNCITRAL Model Law for international arbitration, the adoption of the Convention on Choice of Court Agreements for international litigation, and the palpable support of the UNCITRAL Convention on International Settlement Agreements Resulting from Mediation. Most of private international law in Singapore is sourced in judge-made law. In the absence of direct Singapore authority, Singapore courts have traditionally looked to English case law for guidance, but increasingly, the courts have looked to the laws of other jurisdictions, and indeed international instruments which do not have binding force in Singapore law. Given the level of sophistication of existing common law contract choice of law rules, it is unlikely that Singapore will engage in radical law reform. However, it is likely that the Singapore courts will continue to look to the Hague Principles for guidance in areas where the common law is unclear or where there is a gap or strong imperative for change.
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"CHAPTER 14. The New Singapore Mediation Convention: The Process and Key Choices." In Beyond the Courtroom, 296–322. Academic Studies Press, 2020. http://dx.doi.org/10.1515/9781644692554-018.

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"Commercial Dispute Resolution in the Union State of Russia and Belarus in the Light of the Singapore Convention on Mediation." In The Law and Policy of New Eurasian Regionalization, 229–51. Brill | Nijhoff, 2021. http://dx.doi.org/10.1163/9789004447875_015.

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Reports on the topic "Singapore mediation convention"

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Iyodu, Bernadette, and Joel Ng​​​. Africa Current Issues - After the CFTA: Could African States Seize the Opportunities of the Singapore Convention on Mediation? Nanyang Business School, August 2019. http://dx.doi.org/10.32655/africacurrentissues.2019.05.

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