Cardozo Journal of Conflict Resolution
Abstract
The General Assembly of the United Nations adopted on 20 December 2018 the United Nations Convention on International Settlement Agreements Resulting from Mediation (the "Convention"). The Convention opened for signature in Singapore in August 2019. The UN adoption marks the culmination of a process that started in 2014 at the United Nations Commission on International Trade Law ("UNCITRAL"), first with discussions on the proposal to take up this project and then, as of September 2015, on the actual principles, form, and text of the instruments to be drafted. The Convention was drafted in conjunction with a Model. Law that contains parallel provisions.
In this intervention, I intent to shed some light on three provisions of the Convention: Articles 1.3, 8.1(b), and 12. Article 1.3 limits the scope of the Convention. Article 8(1)(b) contains a declaration mechanism in which a Party (state) can declare that it will apply the Convention only to the extent that the parties to the settlement agreement have agreed to its application. Finally, Article 12 deals with the specific arrangements needed in case of accession to the Convention by a regional economic integration organisation.
Disciplines
Conflict of Laws | Dispute Resolution and Arbitration | International Law | Law
Recommended Citation
Norel Rosner,
The Singapore Convention: Reflections on Articles 1.3 on Scope, 8.1(b) on Reservations, and 12 on Regional Economic Integration Organizations,
20
Cardozo J. Conflict Resol.
1259
(2019).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol20/iss4/20
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