UNCITRAL

Signing The Singapore Convention: Cross-Border Enforceability In Mediation

Signing The Singapore Convention: Cross-Border Enforceability In Mediation

Much has already been written on the upcoming United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention. Deborah Masucci and M. Salman Ravala have claimed that adoption of the Convention “signals the most credible acknowledgment of mediation as a meaningful tool to resolve cross-border commercial disputes”. Dr. Peretz Segal has highlighted the importance of party autonomy in mediation through the Convention.

In this piece, George Lim and Karl Mackie discuss the Singapore Convention. How will it benefit businesses? What will countries gain from signing the Convention? What will signing the Convention entail?

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Posted by Ruxandra Gheorghe in Introductory Guide, News, United Nations
The Singapore Convention: A First Look

The Singapore Convention: A First Look

Deborah Masucci and M. Salman Ravala reflect on the new Singapore Convention for the fall 2018 issue of NYSBA New York Dispute Resolution Lawyer.

On 25th June, 2018, at its 51st session, the United Nations Commission on International Trade Law (UNCITRAL), the U.N.’s core legal body in the field of international trade law, approved by consensus of its member States a “Convention on International Settlement Agreements Resulting from Mediation.” It will be commonly referred to as the “Singapore Convention” upon adoption by the United Nations General Assembly and ratification by at least three member States. The official signing ceremony for the Singapore Convention is expected to be in late 2019.

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Posted by Ruxandra Gheorghe in Convention on Enforceability, GPC, News, United Nations
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

ADR in South Africa: A Brief Overview

Some of the challenges that have faced many countries in Sub-Saharan Africa in the administration of justice can be attributed to the over-reliance on the courts in the resolution of all forms of disputes, even where other forms of dispute resolution would have been more appropriate. South Africa has one of the fastest developing alternative dispute resolution (ADR) systems in Africa. This can be partly credited to the numerous NGOs financed by donors who undertook ADR efforts throughout South Africa before the transition of government during apartheid. One of the most notable NGOs that facilitated ADR mechanisms, is the Independent Mediation Service of South Africa (IMSSA). Read more

Posted by Petrina Ampeire 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
Ask An Expert: Julian Copeman

Ask An Expert: Julian Copeman

Julian Copeman, Managing Partner of Herbert Smith Freehills’ Greater China offices, discusses dispute resolutions trends, data and the increasing role of technology in resolving disputes.

What do you hope the GPC will achieve?

The intention for Hong Kong GPC was to bring together stakeholders from across the disputes market to discuss the issues that face parties at the front line of disputes in Hong Kong, and indeed over 200 people attended on the day. We gained rich and valuable data and from that, we are hoping, will reach some real and tangible recommendations for change.  Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
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
Ask An Expert: S.I. Strong

Ask An Expert: S.I. Strong

S.I. Strong, Manley O. Hudson Professor of Law and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri and an international commercial arbitration specialist, speaks about her career and discusses the rise of international commercial mediation and the increase in multiparty arbitration.

What is your current role in dispute resolution?

As a full-time law professor and arbitrator, I would categorise myself as primarily an advisor.

I got involved in international dispute resolution my first year in practice in New York – I was very interested in private international and comparative law, but I didn’t want to go into transactional practice. My firm became involved in what was then the largest ICC (International Chamber Commerce) arbitration in history, and I had the opportunity to see how complex international arbitration was. From that moment, I was hooked.

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Posted by Natasha Mellersh in Ask An Expert, GPC