International Law

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Legislation, National Mediation Laws, UNCITRAL

(Zhong Lun Law Firm)/ /Leave a comment

On June 26, 2018, the United Nations Commission on International Trade Law (UNCITRAL) approved the final draft of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Mediation Convention” or “the Convention”) at its fifty-first session. The Convention aims to promote international commercial mediation, and to establish a mechanism for the direct…

ADR, Arbitration, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, International Mediation, Legal Issues, Legislation, Mediation Reforms (Legislation, etc.), Singapore, UNCITRAL

, (Singapore International Dispute Resolution Academy)/ /2 Comments

For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because…

Dispute Resolution, Environmental Mediation, India, International Law, International Mediation, peace negotiations, Responsibility of States

(CMS)/ /Leave a comment

Nothing is more fundamental to life than water. Water is also a potent fuel for conflict. Access to water has created many disputes through the ages. Conflicts over water are about scarcity, control, degradation, incompatible use, and quality. Their history goes back to much earlier than 2500 BC, when the city-states of Lagash and Umma…

Commercial Mediation, Developing the Field, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Regulation, UN and International Organizations, UNCITRAL

(UCL Faculty of Laws), (Singapore International Dispute Resolution Academy), and (Singapore Management University)/ /Leave a comment

“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…

Commercial Mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (UCL Faculty of Laws)/ /Leave a comment

If you have been following this four-part series, you will be aware that Nadja Alexander, Anna Howard and I have been reflecting on a very current subject for the dispute resolution community: the enforceability of international commercial settlement agreements resulting from mediation. This week, the UNCITRAL Working Group II on arbitration and conciliation has been…

Commercial Mediation, Conciliation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Settlement Agreements, UN and International Organizations, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (UCL Faculty of Laws)/ /2 Comments

The 65th session of the UNCITRAL Working Group II on arbitration and conciliation in Vienna has commenced. Many mediators have been keenly monitoring the Working Group’s deliberations and discussions concerning the enforcement of international commercial settlement agreements resulting from conciliations (iMSAs). An unresolved but crucial question is the exact form that the final instrument should take….

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), (UCL Faculty of Laws), 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…

Accreditation, cross-border mediation, Europe, International Law, Mediation Users/Clients, Regulation, regulatory robustness rating for mediation, Standards, Training

(Sabine Walsh Mediation)/ /1 Comment

This post will be the first of a series focusing on individual aspects of regulatory robustness, as introduced in previous blogs by Nadja Alexander and applied in the context of Ireland by the two of us in our last post. With so many areas to focus on, it was difficult to choose one to begin…

ADR, ADR Agreements, ADR Clauses, Confidentiality, Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Practice, Mediation Users/Clients, Regulation, user perspectives

(Singapore International Dispute Resolution Academy)/ /2 Comments

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…

Brexit, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, International Law, International Mediation, New York Convention, Uncategorized

(Singapore International Dispute Resolution Academy)/ /5 Comments

In the aftermath of the Brexit vote and the appointment of Theresa May as England’s Prime Minister, there are many things to think about and there will be much to negotiate. While some commentators anticipate a U-turn on Brexit, Theresa May has made it clear that “Brexit means Brexit” – whatever that means. In this…