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Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9403528230
Category : Law
Languages : en
Pages : 432
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Book Description
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these 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 book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9403528230
Category : Law
Languages : en
Pages : 432
Get Book Here
Book Description
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these 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 book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9403514914
Category : Law
Languages : en
Pages : 349
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Book Description
The Singapore Convention on Mediation presents a comprehensive and insightful commentary on the Singapore Convention and the emerging field of the private international law of mediation. The Convention is just beginning its life as an international legal instrument. Recent years have witnessed the growing recourse to mediation as an alternative method of solving disputes in the sphere of international commercial and investment relations. How is it likely to fare? In this first comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with analysis of potential controversies and authoritative clarifications of particular provisions. What’s in this book: The book’s meticulous examination considers 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 internationally mediated settlement agreements; – the grounds for refusal to grant relief under the Convention; – mediator misconduct as a ground for refusal to grant relief; – the impact of the Convention on private international law; – the relationship of the Singapore Convention with 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. How this will help you: This book will be one of the first publications providing legal practitioners and other stakeholders with legal commentary on the Singapore Convention on Mediation. It informs readers of the legal implications and potential controversies associated with the Convention and offers much-needed clarifications on particular provisions This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is sure to become an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Author: Catharine Titi
Publisher: Oxford University Press, USA
ISBN: 0198827954
Category : Law
Languages : en
Pages : 417
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Book Description
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
ISBN: 940352863X
Category : Law
Languages : en
Pages : 313
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Book Description
International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author: United Nations Commission on International Trade Law
Publisher: New York : United Nations
ISBN:
Category : Law
Languages : en
Pages : 24
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Book Description
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545
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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
ISBN: 904112571X
Category : Law
Languages : en
Pages : 514
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Book Description
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Author: Michael Legg
Publisher: Butterworth-Heinemann
ISBN: 9780409332766
Category : Australia
Languages : en
Pages : 297
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Book Description
Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Author: Danny McFadden
Publisher:
ISBN: 9789811481109
Category : Dispute resolution (Law)
Languages : en
Pages : 566
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Book Description
This 3rd edition is being published during an unprecedented global pandemic. However, in recent years, Singapore has continued to improve and add to its mediation movement and institutions which have helped it to face the challenges brought on by Covid-19. The reader will benefit not only from learning about the history and the current mediation scene in Singapore, but also the new regulations and institutions which have been created to further enhance Singapore's claim to be a prominent centre for effective dispute resolution in Asia and globally.
Author: Nadja Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9041158677
Category : Law
Languages : en
Pages : 615
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Book Description
Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
