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Cardozo Journal of Conflict Resolution

Abstract

At the February 2019 ICC Mediation Competition in Paris, Damien Cote from Canada and David Lewis from New York moderated a "debate" on the Singapore Convention. One of the panellists launched into a full-scale attack on the Convention, in which he dismissed it on the basis that the "whole document resembled the New York Convention and was redolent of arbitration rather than mediation." The speaker focused on Article 5 and the Grounds for Refusing Relief, and he was particularly critical of Articles 5.1(e) and (f). He expressed his view that these articles were apposite to the setting aside of an arbitral award and therefore had no relevance to mediation and ought not to be a basis for a challenge to a consensual settlement of an international commercial dispute.

Disciplines

Comparative and Foreign Law | Conflict of Laws | Dispute Resolution and Arbitration | International Law | Law | Legal Ethics and Professional Responsibility

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