Part IV Special Topics in the Mediation of Commercial and Investment Disputes, 19 New Singapore Convention on Cross-Border Mediated Settlements: Key Choices
Edited By: Catharine Titi, Katia Fach Gómez
- UNCITRAL Arbitration Rules — Mediation
This chapter examines the new Convention on Mediated Settlement Agreements that was drafted by UNCITRAL and is expected to be open for ratification by states in August, 2019. The new Convention facilitates compliance with cross-border mediated settlement agreements that result from qualifying mediations. The Convention offers a simpler and more expeditious alternative to relying on expensive and uncertain breach of contract lawsuits for compelling compliance. The new Convention’s backstory in this chapter is really two stories. One story examines the robust multi-party negotiation process that resulted in a consensus. The second and primary story considers the substantive choices including the ‘compromise’ that were discussed and debated by the delegates over almost three years and ultimately were forged into the new Convention.