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The Singapore Convention on Mediation: A Commentary

The Singapore Convention on Mediation: A Commentary

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403514819
  • Published In: October 2019
  • Format: Hardback
  • Jurisdiction: Singapore ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In this first comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with analysis of potential controversies and authoritative clarifications of particular provisions.

    The book’s meticulous examination considers these 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 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

    This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is sure to become an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

  • About the Authors

    List of Contributors and Researchers

    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

    Articles 5(1)(a)–(d). Contract-Related Grounds for Refusal

    Articles 5(1)(e)–(f). Mediator Conduct-Related Grounds for Refusal

    Article 5(2). Public Policy and Subject Matter-Related Grounds for Refusal

    Three Reflections on Article 5

    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 – United Nations Convention on International Settlement Agreements Resulting from Mediation

    Appendix B – 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 C – Mediation Clauses

    Appendix D – International Mediation Institute (IMI) Model Rules

    Appendix E – Singapore International Mediation Centre (SIMC) Mediation Rules

    Appendix F – Singapore International Mediation Institute (SIMI) Code of Professional Conduct for SIMI Mediators

  • 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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