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Approved International Mediation Tools by the UNCITRAL Commission – “Singapore Convention on Mediation” and “Model Law”

Jul 2018

At the end of the 68th session in early 2018, the United Nations Commission on International Trade Law (UNCITRAL) Working Group II (Dispute Settlement) finalised the draft instruments[1]   on enforcement of settlement agreement resulting from international mediation. This prepared draft is finally submitted and completed at the 51st session of UNICITRAL General Assembly on the 25th of June and will be referred to the Commission later this year for adoption.

While the Model Law will be prepared by the UNCITRAL Secretariat in the near future, the convention signing ceremony will take place in Singapore, in the third quarter of 2019. The convention will also be referred as the “Singapore Convention on Mediation”. 

The applauding milestone of international mediation is the result of as many as 85 state delegates and 35 IGOs / NGOs’ collective effort over the past three years. Hong Kong Mediation Centre (“HKMC”) is honoured to be the UNCTIRAL observer in the Working Group II since 2016 and actively involved in discussions with members of delegation, observer and representatives from international institutes, and presented professional opinions in the commission. 

HKMC is thrilled and excited to witness the birth of the Singapore Convention on Mediation and Model Law on international mediation at the United Nations Headquarters in New York in the latest Commission session. The landmark achievement by the Working Group and the Commission members signifies the strong world-wide commitment in the modernisation of mediation mechanism to confront its advancing application on resolving cross-border and international disputes. This also represents a way forward to secure the international enforceability of a dispute settlement, that is resulted from mediation - an economic resolution, self-determined and confidential protected conflict resolving mechanism.

Meanwhile, in the occasion of the 60th anniversary of the New York Convention on the 28th June, a commemoration event was held by the Commission. Together with the representatives of the member States and observers of the UNCITRAL, 300 guests were invited to the event and celebrate the joint movement on the recognition and enforcement of the foreign arbitral awards since 1958. 

In the occasion of the 60th anniversary of the New York Convention, HKMC wishes the adoption of the Singapore Convention on Mediation and the Model Law, to provide a successful prospect to multinational mediation practice. 

 


[1] The referred term “draft instrument” is consisting of the draft conventions on international settlement agreement resulting from mediation – “Draft convention”, and the draft amendments to the UNCITRAL Model Law on International Commercial Conciliation – “Draft amended Model Law”.


 
 



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