Description
Book SynopsisThis 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.
Trade Review‘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
Table of ContentsContents: 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
