Law Arbitration / Mediation / Litigation Litigation & Dispute Resolution

The Singapore Convention on Mediation: A Commentary, 2nd Edition

Edited by Nadja Alexander · Shouyu Chong · Vakhtang Giorgadze
Kluwer Law International September 2022

Specifications

ISBN-13
9789403528250
Publisher
Kluwer Law International
Publication
September 2022
Format
Hardback
Jurisdiction
Singapore ? Countri(es) for reference only

Details

The Singapore Convention on Mediation, currently in its second edition, is an article-by-article commentary wherein the authors furnish a robust report on the features of the Singapore Convention on Mediation and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions.

 

What’s in this book:

The book thoroughly examines the following 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.

 

How this will help you:

This unique book takes a great leap in mitigating the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It will be a key reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

Table of Contents

About the Authors

Foreword by Anna Joubin-Bret

Preface

The Singapore Convention on Mediation: An Introduction

Article 1 Scope of Application

Article 2 Definitions

Article 3 General Principles

Article 4 Requirements for Reliance on Settlement Agreements

Article 5 Grounds for Refusing to Grant Relief

Article 6 Parallel Applications or Claims

Article 7 Other Laws or Treaties

Article 8 Reservations

Article 9 Effect on Settlement Agreements

Article 10 Depositary

Article 11 Signature, Ratification, Acceptance, Approval, Accession

Article 12 Participation by Regional Economic Integration Organizations

Article 13 Non-unified Legal Systems

Article 14 Entry into Force

Article 15 Amendment

Article 16 Denunciations

Appendix A: A Comparison Table on the Enforcement of an iMSA under the Singapore Convention and Enforcement of a Consent Arbitral Award under the New York Convention

Appendix B: United Nations Convention on International Settlement Agreements Resulting from Mediation

Appendix C: List of States That Have Signed the Convention

Appendix D: List of States That Have Ratified the Convention

Appendix E: UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the UNCITRAL Model Law on International Commercial Conciliation, 2002)

Appendix F: Mediation Rules

Appendix G: UNCITRAL Notes on Mediation

Appendix H: International Mediation Institute (IMI) Code of Professional Conduct

Table of Cases

Table of Treaties, Legislation and Other Legal Instruments

Index

About the Author

Nadja Alexander
 
Nadja Alexander is an award winning author and educator, a conflict intervention professional, and an adviser on mediation policy to international bodies
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