Asian Mediation Articles
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.
(10/28/16)F. Peter Phillips
What the West Can Learn from Chinese Mediation by Peter Phillips.
Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has been a Part of the Criminal Law since 2006. However, on 24 June 2015, the Supreme People’s Court (‘SPC’) and the Supreme People’s Procuratorate (SPP) of China have undertaken the task of interpreting Article 399A (Further information about the process may be found here).
(8/07/15)F. Peter Phillips
The death of Colin J. Wall on July 16, 2015, is a crushing blow to our profession and a personal loss to me.
The Singapore International Mediation Centre (“SIMC”) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group chaired by Edwin Glasgow CBE QC and George Lim SC, the SIMC will supplement the array of international dispute resolution options available in Singapore.
Occupy Central (“OC”) has been promoted as a peaceful civil disobedience movement in Hong Kong where the leaders of OC mobilize masses of protestors to blockade Central District to fight for what they consider as genuine universal suffrage. These skirmishes are becoming increasingly violent, and it is time to find a non-violent end to this conflict.
This is another in a series of articles by Keith Seat, Mediate.com News Editor, regarding international mediation developments. Also be sure to see www.mediate.com/International.
Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.
This is a good and interesting example of how the Singapore courts can and will exercise its powers in aid of an arbitration. It is a good example of the importance of the courts assisting the process of arbitration while minimising curial intervention.
The School of Law, National University of Ireland, Galway hosted in association the UNESCO Child and Family Research Centre, NUIG and the Irish Centre for International Family Mediation a Conference on Mediation in Cases of International Family Conflict and Child Abduction on a typically damp Saturday in May in the West of Ireland.
I am pleased to be part of the five year Sustainable Cities Partnership that MIT just initiated with the Universiti of Teknologi Malaysia (UTM), Malaysia' #1 Engineering and Science School. More about the Partnership below.
(5/01/13)Zhao Yun, Timothy Sze, Tommy Li, Chittu Nagarajan
This chapter shall be divided into three parts; each part shall be devoted
to assess the status quo of ODR in one of the three distinguished states, China, India and Japan, which have three of the highest Internet and mobile phone usage rates in the world.
In Part 4 of our Technology and Outsourcing Hot Spots Series, we considered how a properly drafted dispute resolution clause can give parties an appropriate dispute resolution mechanism which allows for an enforceable decision and avoids costly and time consuming jurisdictional fights prior to the determination of the substantive dispute. Such considerations apply with especial force in multi-tier arbitration clause and unilateral arbitration clauses.
This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!
The recent revisions to the Chinese Civil Procedure Law (the “CPL”) made some significant amendments to the arbitration law in China. In particular, the new CPL for the first time provides for pre-arbitration preservation measures to be available from the Chinese courts. The revisions will come into force on January 1, 2013.
The author reflects on negotiation tips he learned when teaching negotiation in Singapore. He discusses similarities he has observed across cultures as well as negotiation approaches inherent to the Singapore culture.
This second half of the article on the BAC (Beijing Arbitration Commission) reviews building effective mechanisms to maintain integrity. It examines fairness in arbitration and potential arbitration risks.
A number of disputes exist between the USA and China on economic issues: the level of China’s currency, China’s adhering to international patent protection rules, etc. concern the USA; China would like the USA to get its debt issues under control among other irritants… There is little evidence in the media that each side fully understands where the other side is coming from.
The emergence in China of local arbitration commissions (“LACs”), and in particular their growing role as a forum of choice for dispute resolution, is a phenomenon that has received inadequate scholarly attention. This article intends to present an analysis of LACs based on a case study of the Beijing Arbitration Commission (“BAC”), for which the author worked as a part-time case-handling secretary.
China has been using a blended dispute resolution process in which disputes in arbitration may be sent to mediation and, if not resolved, are returned for a final decision in arbitration. The success rate in mediation has been rising in China in recent decades, which has attracted interest in Australia and other Pacific nations that are moving toward the Chinese model. A primary concern is having a single neutral handle both the mediation and the arbitration in a case, so some countries require separate mediators and arbitrators.
Arbitration.com (March 23, 2012)
The Mediation Center of the Internet Society of China has prepared the Internet Intellectual Property Disputes Mediation Handbook with the assistance of Beijing Higher People’s Court and other People’s Courts. The Handbook took effect on February 1 and focuses on online mediation of IP disputes, mediation of court-referred cases, and other areas.
China Daily (March 14, 2012); Research Paper Download Center
The mediation center established by the Japanese government is now beginning to resolve claims resulting from the Fukushima nuclear power plant catastrophe, with three resolutions from the 600 claims that have been submitted thus far. Many more claims are likely from the 150,000 people displaced by the nuclear accident, but to begin the process each claimant must complete a 56-page form using a 150-page instruction manual and provide receipts and other documentation. The Japanese government has set up a $26 billion fund to pay damages on behalf of Tokyo Electric Power Co. (Tepco), with another $11.7 billion approved in November and more likely to follow. Few lawsuits have been filed, although one lawyer is threatening to file a shareholder derivative action against Tepco’s corporate directors seeking $72 billion for failing to raise the height of tsunami barriers.
Law.com (January 26, 2012)
Climate change is one of the greatest emerging threats to global peace and security. Among other impacts, climate change will exacerbate the scarcity of water, food, and other natural resources essential to human survival. One concern is that as these resources become scarcer, the frequency and severity of international disputes will increase. Thus, developing effective means for resolving international resource disputes is of critical global importance.
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How do you negotiate the Israel-Palestine problem? What about North Korea? Well a recent book by Stuart Diamond, Professor at the Wharton School and Author of ’Getting More: How to Negotiate to Achieve Your Goals in The Real World’ highlights methods of how to negotiate in real life situations, including that problem and more.