Arbitration Reform in India:
A Look at the Hong Kong Model

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Introduction he Indian Government (“Government”) led by Prime Minister Narendra Modi, has embarked on a mission to significantly enhance foreign investment in India and to greatly improve the ease of doing business in the country. To this end, the Government has promised judicial reforms and is considering amendments to India’s arbitration legislation. If the Government is keen on transforming India …

The Proposal for a Reformed Merit Hearing Approach in International Arbitration

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Introduction ike many other people, I love merit hearings in international arbitration. At a hearing, the case becomes alive and people who only talked on paper before begin to talk with different voices, various expressions, languages and tones. The stories told by the parties for months or even years, all of a sudden, become so real, vivid, touching and, above …

Mediation and Arbitration: Who Should be Doing What

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TL;DR This article is a review of the seminar “Mediation in Arbitration: Who should be doing what?” Organised by 20 Essex Street and the Singapore International Mediation Centre (SIMC), the seminar was held on 8 May 2015 at Singapore’s Maxwell Chambers. The speakers were Mr David Owen QC, an arbitrator and mediator on the SIMC panel of mediators and the ...

Arbitration in Thailand 2015;
the Thai Arbitration Institute

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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

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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

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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 ...