The Singapore Convention on Mediation
A Commentary
Samenvatting
The Singapore Convention on Mediation, currently in its second edition, is an article-by-article commentary wherein the authors furnish a robust report on the features of the Singapore Convention on Mediation and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions.
What's in this book:
The book thoroughly examines the following 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.
How this will help you:
This unique book takes a great leap in mitigating the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready'. It will be a key reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Specificaties
Inhoudsopgave
Foreword by Anna Joubin-Bret
Preface
The Singapore Convention on Mediation: An Introduction
Article 1 Scope of Application
Article 2 Definitions
Article 3 General Principles
Article 4 Requirements for Reliance on Settlement Agreements
Article 5 Grounds for Refusing to Grant Relief
Article 6 Parallel Applications or Claims
Article 7 Other Laws or Treaties
Article 8 Reservations
Article 9 Effect on Settlement Agreements
Article 10 Depositary
Article 11 Signature, Ratification, Acceptance, Approval, Accession
Article 12 Participation by Regional Economic Integration Organizations
Article 13 Non-unified Legal Systems
Article 14 Entry into Force
Article 15 Amendment
Article 16 Denunciations
Appendix A: A Comparison Table on the Enforcement of an iMSA under the Singapore Convention and Enforcement of a Consent Arbitral Award under the New York Convention
Appendix B: United Nations Convention on International Settlement Agreements Resulting from Mediation
Appendix C: List of States That Have Signed the Convention
Appendix D: List of States That Have Ratified the Convention
Appendix E: UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the UNCITRAL Model Law on International Commercial Conciliation, 2002)
Appendix F: Mediation Rules
Appendix G: UNCITRAL Notes on Mediation
Appendix H: International Mediation Institute (IMI) Code of Professional Conduct
Table of Cases
Table of Treaties, Legislation and Other Legal Instruments
Index