[This is a tentative text, pending discusssion with SIDRA on the content]
The Singapore International Dispute Resolution Academy (SIDRA) is a platform for thought leadership in international dispute resolution theory, practice and policy. A research centre at the Singapore Management University School of Law, SIDRA leads the way through projects, publications and events that promote dynamic and inclusive conversations on how to constructively engage with and resolve differences and disputes at global, regional and national levels. In particular, SIDRA differentiates itself through its focus on applied research that has practical impact on industry.
SIDRA conducts regular research on topics related to:
Research on International Dispute Resolution
SIDRA’s International Dispute Resolution program aims to conduct leading research on the most challenging issues related to the ‘appropriate dispute resolution’ of cross-border disputes, and provide an Asian-based platform for robust global discourse on dispute resolution ecosystems, encompassing litigation, arbitration, mediation and mixed mode dispute resolution procedures.
SIDRA’s R&D team is committed to developing evidence-based knowledge relation on international dispute resolution and translating it into practical insights to better inform how we engage in and resolve disputes.
The first major project within this program is the SIDRA Survey on International Dispute Resolution commissioned by the Singapore Ministry of Law and administered in partnership with PwC South East Asia Consulting. The SIDRA Survey aims to learn more about how businesses and their legal advisers make decisions about resolving cross-border disputes, and why.
All respondents are users and they are identified either as external legal counsel, in-house legal counsel or C-Suite executives of corporations that engage in cross-border trade. The views are based on user experiences and not just preferences. Once respondents indicated that they had used a particular dispute resolution process, they were then asked to respond to a series of specific questions in relation to that mechanism. If they did not have experience with a particular process, the survey directed them to the next process category. The survey questionaire was distributed internationally in multiple languages of English, Chinese, Arabic, Russian, French and Spanish, to reach a more diverse selection of users compared to those who primarily work in English.
To find out more:
- To access SIDRA International Dispute Resolution Survey Final Report 2020 , please click here
- For SIDRA research publications on international dispute resolution, please click here
The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. The new Convention establishes a system for the recognition and enforcement of commercial iMSAs.
The Singapore Convention is a game changer which promises to leave a significant impact on international dispute resolution practices and, beyond that, on trade and investment flows. From a user perspective, the Singapore Convention offers a risk management mechanism accessible in terms of its flexibility and affordability to cross-border business players, whether they are multi-national corporations, publically listed corporations, traditional incorporated limited entities, sole traders, or start-ups.
SIDRA is at the vanguard of research and international capacity building in this fast moving field. Its key research projects on the SCM include:
Singapore Convention on Mediation – A Commentary has been described as ‘an essential book, very timely, immensely readable, a revelation’. Given the significant developments in the field, SIDRA’s R&D team is already conducting research for the second edition, which will feature a deep analysis of legal issues related to ratification. It will examine issues such as the application of the Convention to international investment dispute and to trust arrangements, remedies under the Singapore Convention, the role mediator standards and ethics in setting aside iMSAs, and practical implications of the reservations. Readers will also find comprehensive updates on States that have signed and those that have ratified.
International and Comparative Mediation – An Asian Perspective will feature comparative research on the mediation eco-systems in civil and common law systems in Asia with a focus on China, Japan, Korea, Indonesia, India, Philippines and Singapore.
To find out more:
For a more detailed list of SIDRA research publications related to the SCM, please click here
For SIDRA webinars related to the SCM, please click here
Research on Belt and Road Initiative
The Belt and Road Initiative (BRI) is a policy centerpiece of China’s foreign strategy. As at July 2019, it was reported that the People’s Republic of China had concluded 195 inter-governmental cooperation agreements with 136 countries and 30 international organizations, ranging from Eurasia to African, Latin American, South Pacific and Western European countries. Specifically, the BRI has already given rise to a number of symbolic projects in South-East Asia, such as the construction of the China-Laos Railway, the China-Thailand Railway, and the China-Myanmar Oil & Gas Pipeline.
SIDRA’s BRI research aims to navigate between the intersection of substantive laws and the different modes of BRI dispute resolution. By way of specific examples, potential research areas include issues of arbitrability, sovereign immunity, enforcement of court judgments, arbitral and mediated settlement awards, the use of dispute resolution mechanisms and instruments such as international commercial courts, the Singapore Mediation Convention and dispute resolution boards, the use of free-trade agreements and investor-state treaty protections, and conflict of laws issues.
SIDRA’s research will focus pre-dominantly on Asia and ASEAN within which SIDRA is geographically situated. SIDRA’s BRI program aims to contribute to global BRI discourse perspectives on complexities that would particularly arise in BRI dispute resolution in Asia and ASEAN. The diversity of the countries in Asia and ASEAN, including variations in terms of economic development strategies, legal systems, language and culture, provides an ample starting point for discussion, reflection and debate on BRI’s impact.
SIDRA will also actively explore collaboration opportunities with suitable organisations and visiting faculty to promulgate its activities and research across BRI jurisdictions, including China.
To find out more:
For SIDRA research publications on the BRI, please click here
For SIDRA webinars related to the BRI, please click here
Source: SIDRA website