Suchergebnisse

In PT First Media TBK (formerly known as PT Broadband Multimedia TBK) v Astro Nusantara International BV [2014] 1 SLR 372 ("Astro"), the Singapore Court of Appeal held that the Court will apply a de novo standard of review when reviewing an arbitral award on the grounds of lack of jurisdiction. What exactly is the scope of de novo review? Specifically, can a party adduce before the Court fresh evidence that had not been put before the arbitral tribunal? Can a party insist that the Court re-hear oral testimony of witnesses who had testified before the arbitral tribunal?These separate but related issues can arise at two different stages. One, when a party refers a tribunal's ruling on jurisdiction for curial review under s 10 of the International Arbitration Act ("IAA"), and two, when a party challenges a tribunal's jurisdiction when setting aside or resisting enforcement of the tribunal's award under the IAA read with the Model Law. Two recent Singapore High Court judgments considered these issues. In Government of the Lao People's Democratic Republic v Sanum Investments Ltd [2015] SGHC 15 ("Sanum"), and AQZ v ARA [2015] SGHC 49 ("AQZ"), which were delivered approximately three weeks apart, the Singapore High Court appeared to give somewhat differing guidance.This note discusses the apparently conflicting positions, and suggests a path for navigation should the same issue confront the Singapore Courts again.

In Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16, the Singapore Court of Appeal discharged an interim injunction in aid of arbitration granted by the High Court against, inter alios, the Government of the Republic of Maldives. In doing so, the Court of Appeal not only gave helpful guidance on the granting of interim relief under s 12A of the International Arbitration Act, it also touched upon issues of public international law.

Most arbitral statutes and institutional rules give great latitude to tribunals on the admissibility of evidence, and do not mandate application of domestic rules of evidence. In common law jurisdictions where the parol evidence rule applies, the issue that arises is whether the parol evidence rule is necessarily a procedural rule of evidence which tribunals are not bound to apply, especially in jurisdictions which have codified the rule under domestic evidence legislation. Notwithstanding any codification, this article argues that the parol evidence rule at common law is a substantive rule of contractual interpretation that should be applied as part of the lex contractus in international arbitration proceedings. Faithful application of the parol evidence rule as a substantive rule of contractual interpretation ensures that adjudicators arrive at the same interpretation on the same set of facts, thereby promoting uniformity, predictability, and consistency, regardless of the mode of dispute resolution.

Purpose– This study aimed to examine younger and older employees' use of five conflict strategies to handle an actual conflict incident with other employees. With reference to the socioemotional selectivity theory, this study tests whether older employees, as compared with younger employees, would use more avoiding to handle conflicts with supervisors but less dominating to handle conflicts with subordinates. Moreover, this study investigates whether the interaction effect between role of the conflict partner and age would be explained by goal interdependence. Furthermore, it also tests whether the negative effect of avoiding on interpersonal relations and job satisfaction would be moderated by age.Design/methodology/approach– The three hypotheses were tested in a sample of 280 Chinese managerial and executive employees aged between 22 and 66 years. Participants were asked to recall their behavioral responses to an actual conflict incident with other employees.Findings– Results showed that relative to younger employees, older employees utilized more avoiding to deal with conflicts with supervisors and less dominating with subordinates. Such age differences in avoiding and dominating strategies were found to be explained by cooperative and independent goals held by the participants in the conflict incident. In addition, the negative effect of avoiding on interpersonal relations was only shown among younger employees but not among older employees.Originality/value– This finding suggests that the use of passive strategies is not always harmful to working adults, largely depending on the age of the users.

Using Ajzen's theory of planned behavior (TOPB), this study examined wastepaper-recycling behavior among college students in Hong Kong. Two hundred and eighty-two college students completed a questionnaire designed to measure various constructs related to recycling behavior. The results reveal that TOPB significantly predicted both behavioral intention and subsequent wastepaper-recycling behavior self-reported a month later. Perceived difficulty predicted behavioral intention and moderated the intention-behavior link, whereas perceived control had no significant effect. These findings cast doubt on the unidimensional conceptualization of perceived behavioral control. By controlling for the TOPB constructs, general environmental knowledge significantly predicted behavior. Past behavior had a sizeable effect on predicting subsequent behavior, suggesting that TOPB plus knowledge are insufficient to predict recycling. Future studies should investigate the difficulty-control distinction and the differential effects of general versus specific knowledge on predicting wastepaper recycling.

This article investigates the relationship between culture, personality, and deception in a simulated international management negotiation at multiple levels of analysis. `Deception' was operationalized here as the propensity to lie and bribe. As predicted, at the cultural level the results from a scenario study with 1583 participants from eight cultures suggested that cultural collectivism was positively related to reported use of deception in negotiations, and to greater emotional reactions (i.e. guilt, shame, and disgust) after the use of deception. At the individual level, however, the personality variable of allocentrism (consisting of behaviors found in collectivist cultures) was negatively related to the use of deception. Theoretical implications are discussed.