enforcement

George Lim Discusses The New Singapore Mediation Convention

George Lim Discusses The New Singapore Mediation Convention

The final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved at the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on June 26 2018 and is to be adopted later this year. The Convention aims to secure the enforceability of settlement agreements resulting from mediation.

We interviewed George Lim, a Singapore-based international mediator who is part of the UNCITRAL Working Group, about the upcoming Convention.

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Posted by Ruxandra Gheorghe in Ask An Expert, GPC
The Singapore Mediation Convention: An Overview

The Singapore Mediation Convention: An Overview

At the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on 25 June 2018, the final drafts for a Convention on the Enforcement of Mediation Settlements and the corresponding Model Law were approved. The drafts are now being referred to the Commission for adoption later this year. This is a huge step in encouraging the use of mediation on an international level, presenting it as a viable alternative to arbitration and litigation for certain disputes.

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Posted by Ruxandra Gheorghe in GPC, News
Is The Enforceability Of Mediated Settlements Holding Back Commercial Dispute Resolution?

Is The Enforceability Of Mediated Settlements Holding Back Commercial Dispute Resolution?

The early voting data from the first 10 Global Pound Conference (GPC) Series events has revealed that both the user and advisor stakeholder groups share a view that the future of commercial dispute resolution would be assisted if there was legislation in place to improve the enforcement of mediated settlements. Users are parties to disputes: the clients, and advisors are typically private practice lawyers. Read more

Posted by GPC Series in GPC, News
When arbitration is used and why

When arbitration is used and why

In almost all instances, arbitration must be contemplated at the contract drafting stage. Parties may, of course, agree to take a dispute to arbitration at any stage, but once a dispute has broken out, positions become polarised, and agreement is accordingly less likely.

The reasons for preferring arbitration clauses to the more usual reference to the courts – in a commercial context – boil down to the so-called “three Es”: expedition, expertise and enforcement. Read more

Posted by GPC Series in GPC, Introductory Guide
An Introduction To Construction Disputes

An Introduction To Construction Disputes

Many factors contribute to construction disputes, especially if the property is based abroad. Most projects take a long time to complete, leading to uncertainties and delays that can result in disagreements. The following factors typically create international construction disputes. Read more

Posted by GPC Series in GPC, Introductory Guide
London After Brexit: Business As Usual?

London After Brexit: Business As Usual?

Reading the headlines, Brexit-ing Britain may appear a hostile place – the public, we are told, favours being told the number of foreigners being employed by companies in Britain, and academics at the London School of Economics find that they are debarred from giving their non-British opinion on Brexit, lest, one assumes, they steal bread from the mouths of native political scientists.

It would be careless, therefore, for lawyers not to ask what impact Brexit would have on the UK as a seat of arbitration. As it stands, the UK- or more specifically, London – is clearly an attractive seat for arbitration proceedings, being the home of the Chartered Institute of Arbitrators, the London Court of International Arbitration, and the London Maritime Arbitrators Association. Read more

Posted by Peter Boyle in GPC, News
Answering The Call For A New York Convention On Conciliation

Answering The Call For A New York Convention On Conciliation

Alternative methods of dispute resolution are a topic on the legislative agendas of a large number of countries as states actively work to promote their use. A reoccurring issue related to the spread of alternative dispute resolution (ADR) mechanisms is enforceability, of both the mediation/conciliation clause and the settlement arising thereof.

In light of the above efforts, the 47th Session of United Nations Commission on International Trade Law (UNCITRAL) called upon its Working Group (WG) II to create an instrument on the enforcement of international commercial settlement agreements resulting from conciliation/mediation. Read more

Posted by GPC Series in GPC, News