The Singapore Convention on Mediation

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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
Edited by Guillermo Palao, Professor of Private International Law, University of Valencia, Spain
Publication Date: 2022 ISBN: 978 1 80088 484 7 Extent: 350 pp
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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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.
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

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