The Singapore Convention on Mediation

The Singapore Convention on Mediation
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.

Enforcing International Mediated Settlement Agreements

Enforcing International Mediated Settlement Agreements
Author: A. K. C. Koo
Publisher:
Total Pages: 16
Release: 2018
Genre:
ISBN:

At the UNCITRAL forty-seventh session in July 2014, a US proposal was tabled which suggested to develop a multilateral convention on conciliation modelled on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”), on the grounds that the lack of easy enforceability of international commercial settlement agreements may impede greater use of the process and lead to duplicative litigation. The UNCITRAL took the US proposal seriously. At the forty-eighth session in June/July 2015, it mandated its Working Group II (the “Working Group”) to identify relevant issues on the topic of enforcement of settlement agreements resulting from international commercial conciliation and develop possible solutions, including the possible preparation of a convention, model provisions or guidance texts. In September 2015 and February 2016, the Working Group elaborated on six issues that the intended instrument would need to address: (i) the nature, content, formalities and other requirements of settlement agreements; (ii) agreement to submit a dispute to conciliation; (iii) recognition of settlement agreements; (iv) direct enforcement or review mechanism as a prerequisite for enforcement; (v) defences to enforcement of settlement agreements; and (vi) possible form that the instrument could take. This chapter explores the bases for favouring mediated settlement agreements over ordinary contracts. It then scrutinises the justifications for establishing an international legal framework for enforcement of mediated settlement agreements and the Working Group's views on the critical issues to be addressed in the proposed instrument. It concludes by considering how such an instrument would perform better than existing domestic regimes in terms of form and content.

The Singapore Convention on Mediation

The Singapore Convention on Mediation
Author: Nadja Alexander
Publisher:
Total Pages: 0
Release: 2022-08-11
Genre: Law
ISBN: 9789403528250

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.

The Singapore Convention on Mediation

The Singapore Convention on Mediation
Author: Guillermo Palao
Publisher: Edward Elgar Publishing
Total Pages: 351
Release: 2022-12-13
Genre: Law
ISBN: 1800884850

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.

Recognition and Enforcement of Mediated Settlement Agreement Under the Singapore Convention

Recognition and Enforcement of Mediated Settlement Agreement Under the Singapore Convention
Author: MINH NHUT LE
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

The United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) is designed to enforce commercial dispute settlements resulting from international mediation. One of the critical legal issues raised in the Singapore Convention is the mechanism for recognizing and enforcing mediated settlement agreements. This article will analyze that mechanism and compare it with the relevant current Vietnamese legal framework.

Mediation in International Commercial and Investment Disputes

Mediation in International Commercial and Investment Disputes
Author: Catharine Titi
Publisher: Oxford University Press
Total Pages: 400
Release: 2019-07-30
Genre: Law
ISBN: 0192563009

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.

Enforcement of International Mediated Settlement Agreements in Asia - A Path Towards Convergence

Enforcement of International Mediated Settlement Agreements in Asia - A Path Towards Convergence
Author: Eunice Chua
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:

In 2014, the United Nations Commission on International Trade Law (UNCITRAL) first considered a proposal for the development of a multilateral convention on the enforceability of international commercial settlement agreements reached through conciliation (defined to include mediation). The goal of this project was to encourage international mediation in the same way that the New York Convention facilitated the growth of arbitration. UNCITRAL Working Group II has since completed its work on a convention on international settlement agreements resulting from mediation and amended model law on international commercial mediation and international settlement agreements resulting from mediation. The UNCITRAL Commission has also approved these instruments. In Asia, where continued growth of cross-border trade is expected, the potential for these UNICTRAL instruments to facilitate the resolution of cross-border commercial disputes and support economic growth is immense. With a focus on jurisdictions such as China, India, Hong Kong and Singapore, this paper discusses the convention and amended model law, and examines how far down Asia is on the path towards convergence in the enforcement of international mediated settlement agreements.

Enforcement of International Mediated Settlements Without the Singapore Convention on Mediation

Enforcement of International Mediated Settlements Without the Singapore Convention on Mediation
Author: Eunice Chua
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:

This paper considers how international mediated settlement agreements can be enforced without the Singapore Convention on Mediation. Although the Singapore Convention on Mediation represents an important contribution to facilitate resolution of cross-border disputes through mediation, it will take time before there are enough signatories to make a significant impact. Additionally, in deciding whether or not to become a signatory to the Singapore Convention on Mediation or to opt out of it if given the option, jurisdictions and potential users of mediation will need to be aware of what the available alternatives are. This paper discusses these alternatives, taking into account common law, civil law and other international instrument approaches to enforcement.

The Future of International Mediated Settlement Agreements

The Future of International Mediated Settlement Agreements
Author: Eunice Chua
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:

In 2002, UNCITRAL developed the Model Law on International Commercial Conciliation. Although at that stage there was a strong effort to develop a uniform enforcement mechanism, the ultimate conclusion was that because of the great variance in the technicalities of domestic procedural laws, harmonisation by way of uniform legislation was not feasible. Nevertheless, in 2014, the United States put forward a proposal to UNICTRAL, calling for the development of a multilateral convention on the enforceability of international commercial settlement agreements reached through conciliation, with the goal of encouraging conciliation in the same way that the New York Convention facilitated the growth of arbitration. This article considers whether such a multilateral convention is the best way forward, through an examination of both scholastic and empirical research. It also discusses the challenges that will be faced by an enforcement convention. However, before an enforcement convention comes to pass, various mechanisms are already available for parties to choose from to enforce their mediated settlements, including recording the settlement as an order of court and an arbitral award.

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition
Author: Rosen, Velazquez
Publisher: Wolters Kluwer
Total Pages: 2320
Release: 2019-06-16
Genre: Arbitration agreements, Commercial
ISBN: 1543813240

With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782