Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

It was only on the 31st of May when I published a blog on the new Greek mediation law. Just a few months later a part II, or rather a sequel, seems necessary. As discussed in my first blog on the matter, compulsory mediation was recently enacted in Greece by the new mediation law in…

A recent experience as co-mediator for the Italy China Business Mediation Centre  (a mediation centre jointly run by the Milan Chamber of Arbitration and CCPIT Mediation Centre) with a CCPIT (The China Council for the Promotion of International Trade) mediator from China in a commercial dispute between a Chinese company and an Italian company, has…

“The last great act of a courageous leader is to let go,” I suggested to the CEO as he pondered whether this was in fact a good time to step down. He had many reasons not to leave. He attributed these to other people’s needs for a good transition, giving him a decent send-off, planning…

These are heady days in international mediation circles. A panel discussion earlier this summer at an UNCITRAL conference entitled “Feel the Earth Move – Shifts in the International Dispute Resolution Landscape,” dedicated largely to mediation, captures the sentiment. Reasons for the excitement include the approval of a draft of the UNCITRAL treaty for enforcing mediated…

Quite often, we hear mediators and mediation trainers using the fable of “Blind Men and an Elephant”, which is a story about several blind persons describing an elephant differently out of their own experience by way of their respective touches of the different parts of the same elephant, to illustrate that a party’s own interpretation…

On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable. Its Judgement in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153 (CanLII) quashed approval of the $9.3-billion (CAN) Trans Mountain oil pipeline. The Canadian government announced last spring that it would purchase the Trans Mountain pipeline from Kinder Morgan Ltd….

Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for…

My colleague and fellow Kluwer author Charlie Woods has likened my scatter-gun approach to starting new projects and coming up with new ideas to “guerrilla gardening”. I am sure he means it as a compliment. Some ideas take seed…. So, here is another seed. Just a week or two ago, I was reading a (UK)…

On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…