Insights

One major takeaway from August was China’s commitment to build an effective dispute resolution eco-system. This ambition stems from a desire to boost its legal infrastructure and standing in the world economy to make its cities more attractive for investments. It also helps regionalising Chinese companies consider a more efficient alternative for resolving cross-border spats—mediation. If China’s...

The Supreme People’s Court of China in June launched two specialist courts for commercial disputes arising from projects along the Belt and Road Initiative. We highlight some of the issues that have come up in the last one month.

So many moving parts – the people, the paper, the posturing – like a long haul plane sitting on the tarmac, how do these huge mediations ever get off the ground?

With the rise of the mega case – often funded class actions – a unique challenge for mediation is emerging.

Mediated settlements could soon be enforced internationally, following the adoption of UNCITRAL’s Convention on the Enforcement of Mediation Settlements and corresponding Model Law. We highlight some of the conversations that have been stirring in the last one month. 

The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to make it work properly.

The final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved at the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on June 26, 2018, and is to be adopted later this year. The Convention aims to secure the enforceability of settlement agreements resulting from mediation.

With the increasing rise of nationalism in Asia, law firms and businesses should consider the use of dual mediators in Singapore. This is not meant to refer to “duel” mediators, but rather cooperative mediators who would help parties bridge the gap between the cultures and laws of their respective countries, where the headquarters of the parties (their homes) are different.

“Early Resolution” provides answers to what were thought to be insoluble problems in two main arenas:

How can you mediate sensibly before each party knows what the other will say and has seen the evidence to back the case (or defence) put forward?
How can disputes be resolved proportionately where there are multiple parties under chain contracts with or without the added complication of differing...