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The Singapore Convention on Mediation: A Commentary 2nd ed (eBook)

ISBN13: 9789403528236
Published: March 2022
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: eBook (ePub)
Price: £146.00
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The Singapore Convention on Mediation, currently in its second edition, is an article-by-article commentary wherein the authors furnish a robust report on the features of the Singapore Convention on Mediation and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions.

The book thoroughly examines the following 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 role of confidentiality in granting relief for international mediated settlement agreements
  • 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
  • court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements, and
  • domestic mediation legislation including domestic laws that implement the Singapore Convention

This unique book takes a great leap in mitigating the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It will be a key reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

eBooks, Mediation
Foreword by Anna Joubin-Bret
The Singapore Convention on Mediation: 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
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: A Comparison Table on the Enforcement of an iMSA under the Singapore Convention and Enforcement of a Consent Arbitral Award under the New York Convention
Appendix B: United Nations Convention on International Settlement Agreements Resulting from Mediation
Appendix C: List of States That Have Signed the Convention
Appendix D: List of States That Have Ratified the Convention
Appendix E: 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 F: Mediation Rules
Appendix G: UNCITRAL Notes on Mediation
Appendix H: International Mediation Institute (IMI) Code of Professional Conduct
Table of Cases
Table of Treaties, Legislation and Other Legal Instruments