The escalation in new claims over the years of 1997 and 1998 coincides with the Asian Financial Crisis. The climate of business uncertainty led to a proliferation of breached commercial obligations, in turn resulting in a sharp increase in disputes requiring formal judicial adjudication.[29] The unprecedented rate of litigation is said to have almost ‘destroyed the floodgate’ of litigation,[30] leading …
The Potential of Medical Malpractice Arbitration: An Australian Perspective
TL;DR Medical malpractice litigation is costly and ineffective, adding significant strain to the medical insurance industry. Does medical arbitration offer a practical alternative? Samuel Seow and Paul Tan of Rajah & Tann Asia outlines possible developments in medial malpractice arbitration in the Australian context. INTRODUCTION ‘If a doctor has treated a gentleman with a lancet of bronze and caused the gentleman to die … ...
An Overview of Procedural Innovations in International Commercial Arbitration
TL;DR While international arbitration has been heralded as more effective than litigation in cross-border dispute resolution, the creeping influence of adversarial procedures in arbitration has led to doubts as to whether this premise will continue to hold true. Inspired by practices across legal systems, certain procedural innovations that purport to streamline the arbitration process have been increasingly utilised. Paul Tan and ...