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The Singapore Convention on Mediation
A Commentary on the United Nations Convention on International Settlement Agreements Resulting from Mediation
9781800884847 Edward Elgar Publishing
This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.
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Critical Acclaim
Contributors
Contents
More Information
This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.
Key Features:
• A comparative approach with perspectives from five continents and a variety of legal traditions
• Critical discussion of every stage from the negotiation to the conclusion of the Convention
• Sound proposals for the Convention’s implementation and application by States and regional organisations
• Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention
The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.
Key Features:
• A comparative approach with perspectives from five continents and a variety of legal traditions
• Critical discussion of every stage from the negotiation to the conclusion of the Convention
• Sound proposals for the Convention’s implementation and application by States and regional organisations
• Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention
The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.
Critical Acclaim
‘This Commentary provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. In particular, this work includes a comparative approach with perspectives from five continents and a variety of legal traditions, a critical discussion of every stage from the negotiation to the conclusion of the Convention, with proposals for the Convention’s implementation and application by States and regional organisations. A particular feature of the work is that it provides contributions of a diverse group of leading practitioners and academics from diverse legal backgrounds and jurisdictions, including some who participated in the negotiation of the Singapore Convention itself.’
– Marta Requejo Isidro, The European Association of Private International Law
– Marta Requejo Isidro, The European Association of Private International Law
Contributors
Contributors: Itai Apter, Gabriela Balseca, Roni Ben David, Ximena Bustamante, Pablo Cortés, Stefano Dominelli, Carlos Esplugues, Nuria González Martín, Mark T. Kawakami, Gyooho Lee, Dulce Lopes, Peter Mankowski, Théophile M. Margellos, Cedr Mciarb, Achille Ngwanza, Guillermo Palao, Afonso Patrão, Ilaria Queirolo, Valesca Raizer Borges Moschen, S.I. Strong, Sven Stürmann, Dai Yokomizo
Contents
Contents:
Foreword xvii
Chronicles of the Singapore Convention – an insider view 1
Itai Apter and Roni Ben David
The Preamble to the Singapore Convention on mediation: identifying the object and purpose
of the Treaty through text, context and intent 41
S.I. Strong
1 Scope of Application 63
Pablo Cortés
2 Definitions 86
Nuria González Martín
3 General principles 107
Guillermo Palao
4 Requirements for reliance on settlement agreements 130
Mark T. Kawakami
5 Grounds for refusing to grant relief 156
Dai Yokomizo and Peter Mankowski
6 Parallel applications or claims 180
Valesca Raizer Borges Moschen
7 Other laws or treaties 199
Gyooho Lee
8 Reservations 212
Ximena Bustamante and Gabriela Balseca
9 Effect on settlement agreements 230
Achille Ngwanza
10 Depositary 233
Afonso Patrão and Dulce Lopes
11 Signature, ratification, acceptance, approval, accession 238
Ilaria Queirolo and Stefano Dominelli
12 Participation by Regional Economic Integration Organizations 257
Théophile Margellos and Sven Stürmann
13 Non-unified legal systems 280
Dulce Lopes and Afonso Patrão
14 Entry into force 291
Javier Díez-Hochleitner
15 Amendment 299
Javier Díez-Hochleitner
16 Denunciations 304
Javier Díez-Hochleitner
Index
Foreword xvii
Chronicles of the Singapore Convention – an insider view 1
Itai Apter and Roni Ben David
The Preamble to the Singapore Convention on mediation: identifying the object and purpose
of the Treaty through text, context and intent 41
S.I. Strong
1 Scope of Application 63
Pablo Cortés
2 Definitions 86
Nuria González Martín
3 General principles 107
Guillermo Palao
4 Requirements for reliance on settlement agreements 130
Mark T. Kawakami
5 Grounds for refusing to grant relief 156
Dai Yokomizo and Peter Mankowski
6 Parallel applications or claims 180
Valesca Raizer Borges Moschen
7 Other laws or treaties 199
Gyooho Lee
8 Reservations 212
Ximena Bustamante and Gabriela Balseca
9 Effect on settlement agreements 230
Achille Ngwanza
10 Depositary 233
Afonso Patrão and Dulce Lopes
11 Signature, ratification, acceptance, approval, accession 238
Ilaria Queirolo and Stefano Dominelli
12 Participation by Regional Economic Integration Organizations 257
Théophile Margellos and Sven Stürmann
13 Non-unified legal systems 280
Dulce Lopes and Afonso Patrão
14 Entry into force 291
Javier Díez-Hochleitner
15 Amendment 299
Javier Díez-Hochleitner
16 Denunciations 304
Javier Díez-Hochleitner
Index
