DRAFT "CONVENTION ON CROSS-BORDER ENFORCEMENT OF INTERNTATIONAL MEDIATED SETTLEMENT AGREEMENTS"
Abstract
The Draft "Convention on Cross-Border Enforcement of
International Mediated Settlement Agreements" is the result of a
series of discussions and deliberations in connection with a
research project and multiple arbitration and mediation
conferences held in Taipei. The main ideas of this Draft are to
recognize the desirability of cross-border enforcement of
international mediated settlement agreements (iMSAs), to set forth
the enforcement requirements for iMSAs, and to require countries
to enforce iMSAs. It defines the scope of iMSAs eligible for
cross-border recognition and enforcement to include those iMSAs
of commercial matters arising from institutional or ad hoc
mediations concluded in a Contracting State other than the
Contracting State where its enforcement is sought. It imposes
obligations on Contracting States to recognize and enforce iMSAs.
The requirements for iMSAs to become eligible for recognition and
enforcement are minimal, with some slight differences between
iMSAs arising from institutional mediation and iMSAs arising from
ad hoc mediation, in order to ensure that these iMSAs are
genuinely concluded. The grounds for non-enforcement of iMSAs are also limited to some fundamental problems which would
undermine the justifications for enforcing the iMSA. This Draft
recognizes parallel and co-existing regimes for enforcing iMSAs. It
also requires the protection of confidential information. It expects
Contracting States to develop quality assurance mechanisms
concerning the provision of mediation services by mediators and
organizations providing mediation services, as well as to cooperate
with each other and international organizations in promoting
technical assistance. In order to appropriately ensure broader
jurisdictional coverage, it defines States as including Separate
Customs Territories.
Keywords
References
- UNCITRAL (2004), UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL CONCILIATION WITH GUIDE TO ENACTMENT AND USE 2002. UNCITRAL, Planned and Possible Future Work Part III, Proposal by the Government of the United States of America: Future Work for Working Group II, A/CN.9/822 (June 2, 2014).