Asia Section


Asian Mediation Articles


Keith Seat

International Mediation Developments

(3/30/14)Keith Seat

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 ZZZZZ

Mediate is Top Ranked Mediation Website

(2/04/14)Mediate.com

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.

Shaun Lee

Subpoena of Third Party’s Documents in Aid of Arbitration

(10/04/13)Shaun Lee

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.

Sabine Walsh

Mediation in Cases of International Family Conflict and Child Abduction

(7/08/13)Sabine Walsh

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.

Larry Susskind

Learning from Malaysia, Learning In Malaysia

(6/24/13)Larry Susskind

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.

F. Peter Phillips

Arbitration in India

(5/10/13)F. Peter Phillips

In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.

The Promise and Reality of Online Dispute Resolution in Australia

(5/10/13)Tania Sourdin, Chinthaka Liyanage

It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes.

Online Dispute Resolution in Asia

(5/01/13)Zhao Yun, Timothy Sze, Chittu Nagarajan, Tommy Li

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.

Mint TV

Mediation Gains Popularity in India (video)

(1/25/13)Mint TV

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!

Shaun Lee

Technology and Outsourcing Hot Spots Series (5): Multi-Tier and Unilateral Arbitration Clauses

(1/25/13)Shaun Lee

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.

Stuart Dutson

Arbitrating in China – What Interim Measures are Available from the Courts?

(11/26/12)Stuart Dutson

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.

Indian Supreme Court's Landmark Judgement on Arbitration: An Insight

(10/02/12)Lex Arbitri

What led to this landmark case was the confusion on Applicability of Part I to Part II of the Arbitration and Conciliation Act. While Part I deals with arbitration happening within India, Part II deals with enforcement of foreign awards.

Marty Latz

Consider Creativity, Framing in Negotiation

(9/04/12)Marty Latz

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.

Fuyong Chen

Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission - Part 2

(8/27/12)Fuyong Chen

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

(8/20/12)Guthrie Robert

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.

Fuyong Chen

Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission

(8/12/12)Fuyong Chen

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.

Victoria VanBuren

Cross-border Agreements into India: The Arbitration Clause

(7/30/12)Victoria VanBuren

International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation.

China’s Med-Arb Approach Spreading in Pacific Region

(4/24/12)

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)

Internet IP Mediation Handbook Developed in China

(4/24/12)

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

Japanese Mediation Center Beginning to Resolve Fukushima Nuclear Accident Claims

(2/07/12)

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)

Anna Spain

Beyond Adjudication: Resolving International Resource Disputes in an Era of Climate Change

(9/26/11)Anna Spain

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.

Steve Mehta

Change, Like Rome, Wasn't Built in a Day

(5/16/11)Steve Mehta

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.

Shahla Ali

Got Disputes? Asian/Western Insights on Commercial Dispute Resolution

(3/21/11)Shahla Ali

With rapid growth in commercial dealings between Asian nations and an ever-expanding number of partners, the likelihood of disputes grows along with opportunities for greater understanding and early resolution.

Hong Kong Increasingly Emphasizes Mediation

(1/12/11)

Hong Kong is seeking to become a regional dispute resolution center and is focused on promoting mediation. At a mediation workshop of the International Chamber of Commerce, Hong Kong’s Secretary for Justice stated that a mediation task force is being established to assist in implementing recommendations in a recent Report by a Working Group on Mediation. In addition to public education and promotion of mediation, the Report covered training and accreditation of mediators and the need for a mediation ordinance. The judiciary also has been promoting mediation in implementing Civil Justice Reform. In addition, eight mediation service providers have joined together to offer one-stop mediation referral services in a Joint Mediation Helping Office.

7th Space Interactive (November 12, 2010)

Wong Yan Lung, SC

Keynote Speech by Hong Kong Secretary for Justice at ICC Commercial Mediation Workshop November 12, 2010

(11/12/10)Wong Yan Lung, SC

The following is the keynote speech by the Secretary for Justice, Mr Wong Yan Lung, SC, at the International Chamber of Commerce (ICC) Dispute Resolution Services: Amicable Dispute Resolution (ADR) Workshop November 12, 2010.

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