Settlement Agreements

ADR Agreements, ADR Clauses, Arbitration, Dispute Resolution Clause, mediated settlement agreement, Settlement Agreements

(CMS)/ /1 Comment

In the case of Destin Trading Inc v Saipem SA [2025] EWHC 668 (Ch) (24 March 2025), the English High Court (Chancery Division) held that the dispute resolution clause contained in a settlement agreement superseded the arbitration clause in a previous contract concluded between the parties. This decision underscores the importance of mediators discussing with…

Arbitration, Creativity, Developing the Field, Dispute Resolution, Due Process, ICSID, International commercial mediation, Investor-state mediation, Legislation, Med-Arb Clauses, mediation process, Mediators’ Conduct, National Mediation Laws, New York Convention, Role of Mediator, Settlement Agreements

(Strategic Resolution)/ /1 Comment

Rafal Morek’s post last month, Investor-state disputes: how arbitration and mediation can intertwine to provide more resonant solutions, emphasized the increasing use of mediation to resolve investor-state disputes, albeit still confined to a small number of cases under the International Centre for Settlement of Investment Disputes (ICSID) Convention. As the late Professor Derek Roebuck noted…

Arbitration, Med-Arb Clauses, Mediation Agreement, Mediation Contract Clause, Promoting Mediation, Settlement Agreements, Skills

(CMS)/ /Leave a comment

The ICC Commission on Arbitration and ADR has published an interesting report on “Facilitating Settlement in International Arbitration” (“Report”), which provides guidance on the effective use of mediation within arbitration proceedings, as well as on other manners of facilitating settlement by arbitrators. The ICC has been promoting mediation – within the framework of its mainstream…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

Chinese Culture, Mediation, mediation as a career, Mediation Practice, Mediation Skills, Mindset, peace negotiations, Philosophy, Settlement Agreements

(Kwok, Ng & Chan, Solicitors & Notaries)/ /4 Comments

Below was a conversation between two Chinese philosophers, namely, Huizi (“Hui”) and Zhuangzi (“Zhuang”) on the Joy of Fish when they were strolling on a bridge over River Hao more than two thousand two hundred years ago.   Zhuang :    That minnow swims leisurely and it must be joyful. Hui        :   You…

lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, United States

(Strategic Resolution)/ /Leave a comment

Good Faith is part of the Mediator’s mantra. Our opening addresses are full of it and it is something we regularly remind parties and their lawyers is an important element in rebuilding fractured relationships and achieving durable resolution. But sometimes it becomes obvious that Good Faith is missing in action. A very useful new article…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

ADR Clauses, Dispute Resolution Clause, Enforcement of an ADR Clause, Legal Issues, mediated settlement agreement, Mediation Act, Settlement Agreements, Singapore

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

When disputants successfully resolve their differences at mediation, it is good practice to record the details of their settlement, with clarity and precision, in the form of a mediated settlement agreement (MSA). Ideally, they should also provide a clause for dispute resolution (for instance, a choice of court, arbitration, mediation or multi-tier dispute resolution agreement),…

cross-border mediation, Developing the Field, International commercial mediation, International Law, International Mediation, Investor-state mediation, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), Settlement Agreements, Singapore, Singapore Convention on Mediation, UNCITRAL

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

Update: As this post was published, the Singapore Convention Bill was passed into law. In previous blog entries, we have outlined the provisions of the United Nations Convention on International Settlement Agreements Resulting from Mediation (also known as the Singapore Convention on Mediation), reported on its signing ceremony and observed that more than 50 States…

Enforcement, Enforcement of a Mediation Clause, mediated settlement agreement, Settlement Agreements, Singapore, Singapore Convention on Mediation

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

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal…