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The Singapore Convention on Mediation: The Right Instrument at the Right Time

Published online by Cambridge University Press:  01 March 2021

Itai Apter
Itai Apter*
Affiliation:
LLB, University of Haifa (2006); International Legal Studies LLM, New York University (2008); Director, International Civil Affairs, a member of Israel's delegation to the negotiation of the Singapore Convention.
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Extract

The Singapore Convention on Mediation debuted about a year ago, gaining great success and recognition in a very short time. The past year also presented a major challenge to the international community in the form of the COVID-19 pandemic. The world is finding ways to successfully meet the challenges. This was evidenced by the ASIL online annual meeting, featuring a panel on the Singapore Convention with diverse speakers from around the globe, speaking in their own time zone and from their own office or home. I had the honor to represent Israel on this panel.

Type
The Singapore Convention on Mediation: Considering The Future
Information
Proceedings of the ASIL Annual Meeting , Volume 114 , 2020 , pp. 120 - 123
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press on behalf of The American Society of International Law.

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Footnotes

The author would like to thank Roni Ben-David for her invaluable contribution to the preparation of this publication and to the members of the 2020 ASIL panel on the Singapore Convention which have provided useful insights on the importance of the Convention from various perspectives.

References

1 https://uncitral.un.org/en/texts/mediation/conventions/international_settlement_agreements/status.

2 Israel is currently working on the necessary legislative amendments needed for ratification of the Convention.

3 UN Office on Drugs and Crime Press Release, UNODC Executive Director Stresses Invaluable Benefits of Host Country Partnership During Austrian MFA's Visit, at https://www.unodc.org/unodc/en/press/releases/2018/February/unodc-executive-director-stresses-invaluable-benefits-of-host-country-partnership-during-austrian-mfas-visit.html.

4 Hal Abramson, The New Singapore Mediation Convention: The Process and Key Choices, 20 Cardozo J. Conflict Res. 1037, 1041–42 (2019).

5 Natalie Y. Morris-Sharma, The Singapore Convention Is Live, and Multilateralism, Alive!, 20 Cardozo J. Conflict Res. 1009, 1014–16 (2019).

6 Convention on the Recognition and Enforcement of Foreign Arbitral Award, June 10, 1958, 4739 UNTC 331.

7 See, e.g., New York Convention Guide, at http://newyorkconvention1958.org/?opac_view=2&.

8 Singapore Convention on Mediation, Art. 4, Dec. 20, 2018.

9 Id. Art. 1.

10 Id. Art. 5.

11 Id. Art. 8.

12 Itai Apter & Coral Henig Muchnik, Reservations in the Singapore Convention – Helping to Make the “New York Dream” Come True, 20 Cardozo J. Conflict Res. 1267 (2019)

13 UNCITRAL WG II, Note by the Secretariat, Settlement of Commercial Disputes, International Commercial Conciliation: Enforceability of Settlement Agreements, Sixty-Third Sess. (Sept. 7–11, 2015), UN Docs. A/CN.9/846, A/CN.9/WG.II/WP.192, A/CN.9/846/Add.1, A/CN.9/846/Add.2, A/CN.9/846/Add.3, A/CN.9/846/Add.4, A/CN.9/846/Add.5.

14 Michel Kallipetis, Singapore Convention Defenses Based on Mediator Misconduct: Articles 5/1(e) & (f), 20 Cardozo J. Conflict Res. 1197, 1199 (2019).

15 UNCITRAL is currently working on the development of a new set of rules that will allow an expedited arbitration process, which might also address some of these issues.

16 New York Convention on the Recognition and Enforcement of Foreign Arbitral Award, Art. 5(d), June 10, 1958.

17 Shou Yu Chong, Singapore Convention Series: Why Is There No Seat of Mediation, SMU, Singapore Int'l Disp. Res. Acad., at https://sidra.smu.edu.sg/singapore-convention-series-why-there-no-seat-mediation.