The growth of medical litigation worldwide has increased healthcare costs and is becoming one of the leading causes of young doctors leaving the profession. Some drivers of this trend in China and Singapore include a more well-read population and greater access to legal advice. More complex illnesses, aging populations, and a higher demand for medical facilities have also led to tensions between...
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 to reflect on the Singapore Court’s attitude towards mediation in light...
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 settlement agreements (the...
Nearly 400 legal professionals and business representatives from around the world were present at the International Mediation Summit in Changsha, held on September 12-13, 2018.
In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and previous Kluwer posts on aspects of Vietnamese...
One major takeaway from August was China’s commitment to build an effective dispute resolution eco-system. This ambition stems from a desire to boost its legal infrastructure and standing in the world economy to make its cities more attractive for investments. It also helps regionalising Chinese companies consider a more efficient alternative for resolving cross-border spats—mediation. If China’s...
The Supreme People’s Court of China in June launched two specialist courts for commercial disputes arising from projects along the Belt and Road Initiative. We highlight some of the issues that have come up in the last one month.
So many moving parts – the people, the paper, the posturing – like a long haul plane sitting on the tarmac, how do these huge mediations ever get off the ground?