Interview with the Honourable Justice Chang-fa Lo (Justice, Constitutional Court, Taiwan; National University College of Law) and Dr Winnie Jo-Mei Ma, (Honorary Associate Professor, Bond University Faculty of Law, Australia) on the draft Convention on Cross-Border Enforcement of International Mediated Settlement Agreements

Abstract The recently-concluded Singapore Mediation Convention and Hague Judgements Convention have aimed to facilitate the cross-border enforcement of mediated settlement agreements and court judgements in the same way that the New York Convention has facilitated the cross-border enforcement of arbitral awards. This shift in the international dispute resolution landscape is analysed on three levels: normative, strategic and operational. Drawing from theories of private international law, international political economy and comparative public policy, this article asserts that convergent public and private interests likely championed the elaboration of international conventions as a means of promoting harmonization in international dispute settlement. It demonstrates that while the conversion of court judgements and mediated settlement agreements into arbitral awards could also have facilitated their cross-border enforcement, the further development of new mechanisms that respond directly to commercial parties’ needs remains necessary to complement the evolving treaty framework.

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The Singapore convention on enforcement of mediated settlement agreements (mediation): from dream to reality?

Lex Russica ◽

10.17803/1729-5920.2019.148.3.060-072 ◽

2019 ◽

pp. 60-72 ◽

Cited By ~ 1

Author(s):

O. F. Zasemkova

Keyword(s):

Dispute Resolution ◽

Dispute Settlement ◽

Business Community ◽

Commercial Arbitration ◽

International Commercial Arbitration ◽

Cross Border ◽

Trade Law ◽

Draft Convention ◽

Settlement Agreements ◽

Commercial Disputes

On 26th of June, 2018, at its 51th session, the UN Commission on International Trade Law (UNCITRAL) announced the completion of two important documents — a draft United Nations Convention on International Settlement Agreements Resulting from Mediation, as well as the draft amendments to the UNCITRAL Model L aw on International Commercial Conciliation (2002) that, to a large extent, repeats the provisions of the draft Convention. It is expected that after its approval by the UN General Assembly on August 1, 2019, the Convention will be open for signature and, if ratified by a significant number of States, will play an important role in increasing the attractiveness of this method of dispute settlement to the international business community, allowing it to compete with international commercial arbitration.In this regard, the article attempts to analyze the main provisions of this Convention and to assess the feasibility of accession to it of the Russian Federation, taking into account the fact that currently in Russia this method of settlement of cross-border commercial disputes is not widespread. According to the results of the analysis, the author comes to the conclusion that the adoption of this Convention will create a basis for the enforcement of international agreements reached as a result of mediation and acceptable for States with different legal, social and economic conditions, while maintaining the inherent flexibility of this method of dispute resolution. This, in turn, will reduce the likelihood of parties to cross-border commercial disputes going to court or international commercial arbitration after mediation and, accordingly, will increase the attractiveness of this method of dispute resolution for the parties.

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Crimes Against Humanity: Does the Responsibility to Protect Have a Future?

Victoria University Law and Justice Journal ◽

10.15209/vulj.v8i1.1166 ◽

2019 ◽

Vol 8 (1) ◽

Author(s):

Gareth Evans

Keyword(s):

Responsibility To Protect ◽

Crimes Against Humanity ◽

Gareth Evans ◽

University College ◽

College Of Law ◽

National University ◽

Law And Justice

2018 Annual Michael Kirby Justice Oration by Professor the Hon Gareth Evans AC QC, Chancellor of the Australian National University, College of Law and Justice, Victoria University, Melbourne, 26 September 2018

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