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Open Access. Powered by Scholars. Published by Universities.®

2020

Brooklyn Law School

International Law

United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation; Singapore Convention on Mediation; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; New York Convention; mediation; mediation settlement agreement; international commercial mediation; arbitration; arbitral award; litigation; alternative dispute resolution; med-arb; arb-med; arb-med-arb; United Nations; enforcement mechanism

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Full-Text Articles in Law

The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien Dec 2020

The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien

Brooklyn Journal of International Law

Mediation is a form of alternative dispute resolution (“ADR”) where a negotiation is facilitated by a neutral third party. The key feature of mediation is its voluntary nature. Whether it is used to resolve a family law, employment law, or complex international commercial dispute, mediation is always valuable due to its speed, cost, and ability to maintain relationships between parties when compared to conventional litigation. Despite these benefits, international commercial mediation in particular had previously faced one notable weakness: the lack of enforceability of mediation settlement agreements (“MSA”). The United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation …