Are agreements to mediate enforceable?The short (and incomplete) answer is: yes, they may be provided they are drafted appropriately. In this post we review a recent English judgment which sets outs guidelines for the enforceability of agreements to mediate under English law.In August 2019, the...

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The...

The mood is positive.According to media reports, the new UN Convention on Mediation, named the Singapore Convention on Mediation (SCM), “will give businesses greater assurance that mediated settlement agreements can be relied upon to resolve multinational commercial disputes.” A senior...

This is an extract from an interview by Nadia Alexander with Mr Jernej Sekolec, Secretary of UNCITRAL, also published in Nadja Alexander's forthcoming book, International Governance: ADR, UNCITRAL and the Model Law, Juris Publications, New York, 2004

Access to ADR can be conceptualised in a number of ways. Some commentators focus on the court or the legal profession as a central access point for disputes. While this may seem natural for lawyers and judges, such an approach fails to account for the vast majority of disputes – approximately...

At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 25th June 2018, the final draft of the Convention on the Enforcement of International Settlement Agreements (the ‘Convention’) was recommended for submission to the UN General Assembly for its...

English Abstract: Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a...

This post is part of a series on the UN Convention on Mediated Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation). In previous posts we have outlined the conventional view that Article 5 of the Singapore Convention establishes exhaustively all the possible...