Singapore Civil Procedure 2017
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Author | : Chen Siyuan |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 299 |
Release | : 2018-05-05 |
Genre | : Law |
ISBN | : 9403502142 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Singapore. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
Author | : Giuseppe Martinico |
Publisher | : Springer Nature |
Total Pages | : 290 |
Release | : 2020-05-29 |
Genre | : Law |
ISBN | : 3030460002 |
What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.
Author | : Anselmo Reyes |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108846513 |
Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).
Author | : Franco Ferrari |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 690 |
Release | : 2022-04-07 |
Genre | : Law |
ISBN | : 9403543248 |
In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee
Author | : Shahla Ali |
Publisher | : Taylor & Francis |
Total Pages | : 255 |
Release | : 2023-02-10 |
Genre | : Law |
ISBN | : 1000825035 |
This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.
Author | : Nadja Alexander |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 432 |
Release | : 2022-08-11 |
Genre | : Law |
ISBN | : 9403528230 |
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author | : Zlatan Meškić |
Publisher | : Springer Nature |
Total Pages | : 198 |
Release | : 2020-04-11 |
Genre | : Law |
ISBN | : 3030330583 |
The first issue of the Balkan Yearbook of European and International Law (BYEIL) focuses on international commercial and investment arbitration as one of the fastest developing fields of law in Southeast Europe. Covering a range of topics, the contributions analyze transparency and confidentiality in international commercial and investment arbitration in national, EU and international contexts. In addition, it compares the commercial arbitration laws and rules in Bosnia and Herzegovina with the international developments in this area.The papers published in the permanent sections on European Law and International Law explore contemporary challenges in public and private law disciplines, offering new perspectives on old concepts.
Author | : Peter C.H. Chan |
Publisher | : Springer Nature |
Total Pages | : 204 |
Release | : 2021-02-15 |
Genre | : Law |
ISBN | : 9813345128 |
The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
Author | : Loic Cadiet |
Publisher | : Springer Nature |
Total Pages | : 283 |
Release | : 2023-10-16 |
Genre | : Law |
ISBN | : 9811986738 |
This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.
Author | : Elena G. Popkova |
Publisher | : Springer |
Total Pages | : 1175 |
Release | : 2019-05-15 |
Genre | : Technology & Engineering |
ISBN | : 3030133974 |
This book gathers the outcomes of several scientific events that were organized and conducted by the Institute of Scientific Communications (Volgograd, Russia) and the leading universities of the Volgograd region. The contributing authors include more than 700 scholars from various cities and regions of Russia. 124 works were selected out of 3,000 papers on the preconditions of formation, transformation, and legal provision of social institutes, topics that are in high demand in connection with a core aspect of digital modernization – the Internet of Things. The book is intended for a broad target audience, including scholars of various generations and various disciplines. These include young researchers (undergraduates and postgraduates) and recognized scholars (professors and lecturers) who study the socio-economic and legal consequences of the emergence and dissemination of digital technologies, including the Internet of Things. In addition, the book will benefit all those who are interested in the development of the information society, information and telecommunication, and digital technologies. The content is divided into three logical parts, the first of which is devoted to the essence of the process of institutionalization and legal regulation of the information society. In the second part, the digital economy is analyzed in view of the spheres of the national economy. In the third, the authors study the peculiarities of state and corporate regulation, infrastructural provision and support for the security of entrepreneurship, which are currently developing on the basis of the Internet of Things.