“Does the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”) apply to investor-state disputes?” This intriguing question was deliberated recently at George Washington University Law School by a star-studded panel comprising of the Hon’ble Judge Charles N. Brower (Twenty Essex Street Chambers, London), Ms. Frauke Nitschke (Legal Counsel, ICSID) and Mr….

Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…

I have recently been approached to enrol myself in an investor-state mediation training programme and also to speak at one of the sessions. That triggers off my deeper thoughts on the topic of investor-state mediation and related issues. This blog is an attempt to share my thoughts so that fellow mediation practitioners may consider whether…

On 2 August 2019 the “3rd Asia Pacific Conference, Singapore Convention on Mediation: Strategies of China, Japan, Korea and Russia” was held in Seoul, Republic of Korea (Korea). The Conference centred on the Singapore Convention on Mediation (Singapore Convention), with distinguished speakers from across the region sharing their opinions and analysis of countries’ perspectives on…

In Part I, I introduced and responded to concerns relating to China’s legal and judicial system if China signs the Singapore Mediation Convention. This part will focus on other concerns relating to the interests of various bodies of China. 1. Concern over possible harm to the interest of Chinese companies In recent years, the number…

On 20 December 2018, the 73rd session of the UN General Assembly (UNGA) in New York passed a resolution to adopt the UN Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Mediation Convention” or “the Convention”) passed by the United Nations Commission on International Trade Law (UNCITRAL). The UNGA also agreed that the…

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

The success of international arbitration, among others, is owed to the New York Convention, which provided tools for global enforcement of arbitral awards. To that end, international mediation has been underused often because of the lack of necessary international enforcement mechanisms of mediated settlement agreements. The Singapore Convention on Enforcement of Mediated Settlement Agreements (Singapore…

Last month, we had the presence of Ahdieh (Ati) Alipour Herisi in Brazil as a judge for the occasion of the CPR International Mediation Competition . Ati is a young, enthusiastic and brilliant lawyer and mediator who was born in Iran and lived, studied and worked in many different places such as Los Angeles, New…