The Singapore Convention on Mediation: A Framework for the Cross-Border Recognition and Enforcement of Mediated Settlements
19 Pepp. Disp. Resol. L.J. 1 (2019)
61 Pages Posted: 9 Sep 2018 Last revised: 4 Mar 2019
Date Written: September 18, 2018
This article attempts to provide a definitive overview of the text, structure, history, and purpose of the Singapore Convention on Mediation (also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation), a new multilateral treaty developed by the U.N. Commission on International Trade Law (UNCITRAL).
The Convention, scheduled to open for signature in August 2019, provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes — akin to the framework that the 1958 New York Convention provides for arbitral awards.
Unlike the other primary international organizations that develop commercial law treaties, UNCITRAL does not commission official commentaries or explanatory reports for the treaties it produces. This article aims to fill this gap based on the records of the negotiations and the firsthand experiences of the author in proposing and participating in the negotiations.
Keywords: mediation, UNCITRAL, international law, recognition, enforcement, settlement
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