Enforcement Of International Mediated Settlements Without The Singapore Convention On Mediation
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Author | : Nadja Alexander |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 432 |
Release | : 2022-08-11 |
Genre | : Law |
ISBN | : 9403528230 |
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author | : Catharine Titi |
Publisher | : Oxford University Press, USA |
Total Pages | : 417 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198827954 |
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Author | : United Nations Commission on International Trade Law |
Publisher | : New York : United Nations |
Total Pages | : 24 |
Release | : 1981 |
Genre | : Law |
ISBN | : |
Author | : Anselmo Reyes |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108490603 |
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Author | : Herbert Kronke |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 674 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 9041123563 |
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Author | : Michael Legg |
Publisher | : Butterworth-Heinemann |
Total Pages | : 297 |
Release | : 2013 |
Genre | : Australia |
ISBN | : 9780409332766 |
Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Author | : Rachael Field |
Publisher | : Edward Elgar Publishing |
Total Pages | : 263 |
Release | : 2020-05-29 |
Genre | : Law |
ISBN | : 1786437783 |
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Author | : Nadja Marie Alexander |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 514 |
Release | : 2006-01-01 |
Genre | : Law |
ISBN | : 904112571X |
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Author | : Pablo Cortés |
Publisher | : Routledge |
Total Pages | : 283 |
Release | : 2010-09-13 |
Genre | : Law |
ISBN | : 1136943501 |
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Author | : Danny McFadden |
Publisher | : |
Total Pages | : 566 |
Release | : 2021 |
Genre | : Dispute resolution (Law) |
ISBN | : 9789811481109 |
This 3rd edition is being published during an unprecedented global pandemic. However, in recent years, Singapore has continued to improve and add to its mediation movement and institutions which have helped it to face the challenges brought on by Covid-19. The reader will benefit not only from learning about the history and the current mediation scene in Singapore, but also the new regulations and institutions which have been created to further enhance Singapore's claim to be a prominent centre for effective dispute resolution in Asia and globally.