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The Singapore Convention on Mediation: A Commentary

The Singapore Convention on Mediation: A Commentary

Author: Nadja Alexander; Shouyu Chong
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

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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