Recognition And Enforcement Of Mediated Settlement Agreement Under The Singapore Convention
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Recognition And Enforcement Of Mediated Settlement Agreement Under The Singapore Convention
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Author : MINH NHUT LE
language : en
Publisher:
Release Date : 2023
Recognition And Enforcement Of Mediated Settlement Agreement Under The Singapore Convention written by MINH NHUT LE and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) is designed to enforce commercial dispute settlements resulting from international mediation. One of the critical legal issues raised in the Singapore Convention is the mechanism for recognizing and enforcing mediated settlement agreements. This article will analyze that mechanism and compare it with the relevant current Vietnamese legal framework.
The Singapore Convention On Mediation
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Author : Nadja Alexander
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-08-11
The Singapore Convention On Mediation written by Nadja Alexander and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these 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. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
The Singapore Convention On Mediation
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Author : Nadja Alexander
language : en
Publisher:
Release Date : 2022-08-11
The Singapore Convention On Mediation written by Nadja Alexander and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book''s meticulous examination considers these 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. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ''Convention ready''. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
The Singapore Convention On Mediation
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Author : Guillermo Palao
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-13
The Singapore Convention On Mediation written by Guillermo Palao and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-13 with Law categories.
This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.
The Singapore Convention On Mediation
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Author : Timothy Schnabel
language : en
Publisher:
Release Date : 2019
The Singapore Convention On Mediation written by Timothy Schnabel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
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.
The Singapore Convention On Mediation A Brighter Future For Asian Dispute Resolution
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Author : Eunice Chua
language : en
Publisher:
Release Date : 2019
The Singapore Convention On Mediation A Brighter Future For Asian Dispute Resolution written by Eunice Chua and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
On 26 June 2018, the United Nations Commission on International Trade Law (UNCITRAL) approved, largely without modification, the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) and amendments to the Model Law on International Commercial Mediation prepared by Working Group II. These instruments aim to promote the enforceability of international commercial settlement agreements reached through mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. This paper provides a critical analysis of the Singapore Convention and some commentary from an Asian perspective.
Contemporary Issues In Mediation Volume 1
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Author : Joel Lee
language : en
Publisher: World Scientific
Release Date : 2016-07-21
Contemporary Issues In Mediation Volume 1 written by Joel Lee and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-21 with Law categories.
Is the need for a power balance still necessary for mediation in the Singapore context?In an increasingly digitised world, what challenges are there for online mediation?Is the distinction between facilitative and evaluative mediation still relevant?These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series.
Uncitral Conciliation Rules
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Author : United Nations Commission on International Trade Law
language : en
Publisher: New York : United Nations
Release Date : 1981
Uncitral Conciliation Rules written by United Nations Commission on International Trade Law and has been published by New York : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Law categories.
Mediation In International Commercial And Investment Disputes
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Author : Catharine Titi
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Mediation In International Commercial And Investment Disputes written by Catharine Titi and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
The Future Of Dispute Resolution
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Author : Michael Legg
language : en
Publisher: Butterworth-Heinemann
Release Date : 2013
The Future Of Dispute Resolution written by Michael Legg and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Australia categories.
Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.