UNCITRAL Model Law

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, Future of mediation, harmonisation of mediation law, International Mediation, mediated settlement agreement, New York Convention, Promoting Mediation, UN and International Organizations, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements…

Conciliation, Developing the Field, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, Mediation Outcomes, Mediation Reforms (Legislation, etc.), National Mediation Laws, New York Convention, Regulation, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy), (Centre for Commercial Law Studies, Queen Mary University of London), and (Singapore Management University)/ /1 Comment

As the 65th session of the UNCITRAL Working Group II on arbitration and conciliation nears, it seems timely to reflect on the issues likely to be discussed and debated in Vienna this week. In this post, I focus on the legitimacy of a proposed multilateral convention on the recognition and enforceability of international mediated settlement…

ADR, cross-border mediation, Dispute Resolution, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, Future of mediation, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, New York Convention, Online Mediation, Public Policy, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Training, UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation, user perspectives

(International Mediation Institute)/ /Leave a comment

The next session of the UNCITRAL Working Group II that will continue to consider whether there should be a convention to enforce commercial cross-border mediation settlements will be in Vienna, Austria the week of September 19, 2016. On September 21, there will be a free evening program when 2 panels will answer questions relating to…

ADR, ADR Agreements, ADR Clauses, Communication, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Act, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Online Dispute Resolution (ODR), UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation

(Young Mediators’ Group)/ /Leave a comment
Young Mediators Initiative (YMI)

On 15 February 2016, the European platform for solving disputes arising out of online purchases (https://webgate.ec.europa.eu/odr)the ODR Platform, based on EU Regulation 524/2013 (the Regulation) was officially launched. The platform enables EU consumers and traders to settle their disputes by putting them in touch with the ADR providers selected by Member States. This platform is…

Accreditation, ADR, ADR Agreements, Appointment of Mediators, Commercial Mediation, Conciliation, Confidentiality, cross-border mediation, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, UN and International Organizations, UNCITRAL, UNCITRAL Model Law

(Bill Marsh Mediator)/ /8 Comments

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a…

ADR Agreements, Arbitration, Commercial Mediation, Conciliation, Settlement Agreements, UNCITRAL, UNCITRAL Model Law

(Baker & McKenzie)/ /Leave a comment

“Nothing is more powerful than an idea whose time has come.” (V. Hugo) Slightly over a year ago, the United Nations Commission on International Trade Law (UNCITRAL) started working on an instrument to address enforcement of conciliated settlement agreements. Conceived as a mediation equivalent of the 1958 New York Convention, the proposed instrument would put…

Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Skills, Training, Uncategorized, UNCITRAL Model Law, Young Mediators

(Mediar360 - Dispute Resolution )/ /Leave a comment

The saying “What Happens in Vegas Stays in Vegas” is one of the most famous taglines in modern tourism, meaning ….. well, you probably know what it means, don’t you ? However, differently from the Vegas perspective, my recent experience in Vienna is one that I definitely want to share with you. In a week…

ADR, Business, Commercial Mediation, Conciliation, Confidentiality, Confidentiality and Transparency, Corporate Counsel's View, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Jurisdiction, Lawyers, Litigation, Med-Arb Clauses, Mediation Reforms (Legislation, etc.), Reform, UN and International Organizations, Uncategorized, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of…

ADR, International Mediation, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Reform, Set Aside a Mediated Agreement, Settlement Agreements, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /1 Comment

STOP PRESS For one more week only you have the chance to have your say on the enforcement of cross-border mediated settlement agreements. I encourage each and every one of you to offer your input. Two surveys will be gathering input from dispute resolution professionals and others on the challenge of enforcing settlement agreements across…