From Conventions to Protocols: Conceptualizing Changes to the International Dispute Resolution Landscape

2020 ◽  
Vol 11 (2) ◽  
pp. 217-241
Author(s):  
Yvonne Guo
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
International Political Economy ◽  
Private International Law ◽  
Border Enforcement ◽  
Cross Border ◽  
International Dispute ◽  
Settlement Agreements ◽  
The Cross

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.  

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

Lex Russica ◽  
2019 ◽  
pp. 60-72 ◽  
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. 

The Singapore Convention: Towards a Universal Standard for the Recognition and Enforcement of International Settlement Agreements?

2020 ◽  
Vol 11 (3) ◽  
pp. 409-429
Author(s):  
Clemens Treichl
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Wide Acceptance ◽  
Settlement Agreements ◽  
Recognition And Enforcement ◽  
Enforcement Mechanisms ◽  
New York Convention ◽  
Traditional Approaches ◽  
Universal Standard

Abstract The Singapore Convention seeks to establish a universal standard for the recognition and enforcement of international settlement agreements resulting from mediation. Assuming it finds wide acceptance, the Convention could harmonize existing enforcement mechanisms, the effect of which typically does not extend to foreign jurisdictions. Ideally, this could leverage mediation in a similar way as the New York Convention helped establish arbitration as the prime means of dispute settlement on the international plane. After contextualizing the Singapore Convention in light of the increasing diversification of dispute resolution methods, this article concludes that this aspiration is unlikely to turn into reality anytime soon. To this end, it considers traditional approaches to the enforcement of settlement agreements as well as the genesis and cornerstones of the Singapore Convention and briefly examines its interplay with arbitral proceedings and domestic legal systems.

scholarly journals The Cross-Border Enforcement of Court Settlements within Brussels Ia Regulation: From a European and an Austrian Perspective

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 149-162
Author(s):  
Philipp Anzenberger
Keyword(s):  
Practical Relevance ◽  
Border Enforcement ◽  
European Regulation ◽  
Borderline Cases ◽  
General Overview ◽  
Cross Border ◽  
Legal Instrument ◽  
The Cross

Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.

scholarly journals Dispute Settlement on E-Commerce Contract: A Practical Analysis of Law

2021 ◽  
Vol 7 (4) ◽  
pp. 473-486
Author(s):  
Firqotun Naziah
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Cross Border ◽  
Electronic Transactions ◽  
Border Trade ◽  
Practical Analysis

E-commerce is a form of trade which has its own characteristics that are cross-border trade, not to meet the seller and buyer, use media internet. The birth of Law No. 11 of 2008 is about Information and Electronic Transactions (ITE Law) seems to be the solution to provide protection for consumers. In the ITE Law has set the terms validity of e-commerce transactions, establishing the rights and obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution in e-commerce transactions. This study analyzes the dispute settlement for e-commerce dispute in Indonesia.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 35 Singapore: Singaporean Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Yeo Tiong Min
Keyword(s):  
New York ◽  
International Law ◽  
Common Law ◽  
Private International Law ◽  
Party Autonomy ◽  
Important Principle ◽  
Settlement Agreements ◽  
The Hague ◽  
Model Law ◽  
New York Convention

This chapter describes Singaporean perspectives on the Hague Principles. Party autonomy is recognized as a very important principle in the private international law of Singapore. The primacy given to the role of party autonomy is evidenced by the adoption of the New York Convention and UNCITRAL Model Law for international arbitration, the adoption of the Convention on Choice of Court Agreements for international litigation, and the palpable support of the UNCITRAL Convention on International Settlement Agreements Resulting from Mediation. Most of private international law in Singapore is sourced in judge-made law. In the absence of direct Singapore authority, Singapore courts have traditionally looked to English case law for guidance, but increasingly, the courts have looked to the laws of other jurisdictions, and indeed international instruments which do not have binding force in Singapore law. Given the level of sophistication of existing common law contract choice of law rules, it is unlikely that Singapore will engage in radical law reform. However, it is likely that the Singapore courts will continue to look to the Hague Principles for guidance in areas where the common law is unclear or where there is a gap or strong imperative for change.

The Cross-Border Protection of Adults

2015 ◽  
Author(s):  
Richard Frimston
Keyword(s):  
International Law ◽  
Theory And Practice ◽  
Roman Law ◽  
Private International Law ◽  
Cross Border ◽  
The Cross ◽  
Adult Protection

The cross-border protection of adults is an area of Private International Law, in which theory and practice may very often be in rather different places. In Chapters 2 has set out the broad Private International Law concepts likely to be encountered in adult protection. Chapters 3 describes the history and development from Roman law of internal law relating to the protective regimes that have existed and evolved for adults with an impairment and makes some comparisons.

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