International Enforceability of Mediated Settlement Agreements: Developing the Conceptual Framework

Contemporary Asia Arbitration Journal Vol. 7, No. 1, pp. 35-68, May 2014

34 Pages Posted: 30 May 2014

See all articles by Laurence Boulle

Laurence Boulle

Australian Catholic University (ACU)

Date Written: May 29, 2014

Abstract

This article outlines some of the key definitional, conceptual and policy issues relating to the enforcement of cross-border mediated settlement agreements. Key definitional questions are raised in relation to the scope of the project, and reference is made to other modalities of and interventions in dispute resolution systems other than mediation, before considering the different models of mediation itself. A short case scenario highlights these issues. There is then consideration of the concepts of “enforcement” and “cross-border”, followed by an analysis of the competing policy considerations relating to enforcement across borders. In the concluding section it highlights the relevance of the current project in terms of the need for certainty and final in cross-border dispute resolution.

Keywords: mediation, cross-border, enforcement, policy considerations

Suggested Citation

Boulle, Laurence, International Enforceability of Mediated Settlement Agreements: Developing the Conceptual Framework (May 29, 2014). Contemporary Asia Arbitration Journal Vol. 7, No. 1, pp. 35-68, May 2014, Available at SSRN: https://ssrn.com/abstract=2443322

Laurence Boulle (Contact Author)

Australian Catholic University (ACU) ( email )

Level 20, Tenison Woods House, 8-20 Napier St
North Sidney, NSW 2060
Australia

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