Asia Section
Asian Mediation Articles
Reflections on North and South Korea
As I write these words, a meeting is being organized in Singapore between the US and North Korea, and it is worth reflecting for a moment on how it happened that the world suddenly changed.
Make Mediation a Life Skill and a Core Value
Mediation is not neutral. The process itself is full of implicit principles and valuable life lessons.
Singapore: The Hub of International Commercial Dispute Resolution
In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.
World Peace: How Do We Keep Nations from Thermonuclear War?
This article describes ideas on peace and justice from the career of Morton Deutsch.
Into the Mediator's Gray Zone
Like other mediators and arbitrators, I work in the gray zone of human affairs, the interstitial area between hard positions, contending oppositions, and powerfully different assertions about what is “the truth.”
Towards a Harmonised Approach to Mediation Legislation in Asia?
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
Disputing at a Panchayat Meeting
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.
Keynote at Asian Mediation Conference
What the West Can Learn from Chinese Mediation by Peter Phillips.
“Perversion of Law” in Chinese Criminal Law – An Indiscriminate Legal Weapon Against Arbitrators
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).
Colin J. Wall Memorial
The death of Colin J. Wall on July 16, 2015, is a crushing blow to our profession and a personal loss to me.
A New Dawn for Mediation?
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: Resolving the Current Impasse
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.
International Mediation Developments
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 is Top Ranked Mediation Website
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.
Subpoena of Third Party’s Documents in Aid of Arbitration
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.
Mediation in Cases of International Family Conflict and Child Abduction
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.
Learning from Malaysia, Learning In Malaysia
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.
Online Dispute Resolution in Asia
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.
Technology and Outsourcing Hot Spots Series (5): Multi-Tier and Unilateral Arbitration Clauses
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.
Mediation Gains Popularity in India (video)
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!
Arbitrating in China – What Interim Measures are Available from the Courts?
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.
Consider Creativity, Framing in Negotiation
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.
Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission - Part 2
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.
Mediation Approach to USA/China Disputes
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.
Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission
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.