This report is the third installment in a series of yearly updates that began in 2005 to track and follow the developments in arbitration law in Singapore. Several prominent cases that dealt with important issues in arbitration law arose for consideration in the High Court and Court of Appeal in 200...
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It is indeed timely and welcome that we now have an authoritative guide on the arbitration law in China (including the Hong Kong SAR and Taiwan). A huge amount of the existing literature on arbitration laws and principles has largely been produced by authors from England, Europe and the United State...
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The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes (i.e., the old Arbitration Act and the old International Arbitration Act) were reconstructed and what emerge...
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Throughout the entire period of activities of the Permanent Court of International Justice (1922-1946), there were altogether only three cases that involved, in some form or other, Asian states. Japan herself was exposed to this community of civilised nations only in the latter half of the 19th cent...
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This report is the second installment in a series of yearly updates that began in 2005 to track and follow the developments in arbitration law in Singapore. It is part of an ongoing effort to develop the arbitration jurisprudence and the Singapore case law database. There have been several notable c...
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One aspect of the increased use of arbitration has recently engendered greater scrutiny and controversy – the use of mandatory pre-dispute arbitration agreements to resolve employment disputes. “A compulsory arbitration agreement is defined as a prospective agreement between e...
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This article considers the proposed De Hoop Dam on the Olifants River, Water Management Agencies, conflict between government departments and other organs of state, the involvement of NGOs and conflict-breaching mechanisms.
The point of this article is not to debate the rights a...
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The question of conflict of jurisdictions between courts and arbitral tribunals not merely constitutes a purely theoretical issue, but it also has significance in the legal practice. When many countries show allowance to arbitration and support its development to the greatest extent, few courts in C...
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In 1975 Congress passed the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (“the Magnuson-Moss Act” or “the Act”) to protect consumers from retailers and manufacturers that take advantage of consumers by placing misleading warranties on the products they s...
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The subject of this article is consumer arbitration pursuant to a pre-dispute contract provision, with a primary focus on the important recent decision of the United States Supreme Court in Green Tree Financial Corporation v. Randolph, 121 S. Ct. 513 (2000). The Randolph case rais...
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