Legislation

99 articles available

The forthcoming Singapore Mediation Convention aims at ensuring the international “direct” enforcement of Mediated Settlement Agreements (“MSAs”) worldwide (see the post by Nadja Alexander, on a…

This post, the second of a two-part series, examines further potential problems of implementing the Singapore Mediation Convention in China and proposes corresponding solutions. The first post in…

On June 26, 2018, the United Nations Commission on International Trade Law (UNCITRAL) approved the final draft of the United Nations Convention on International Settlement Agreements Resulting from…

For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from…

There are many well-known arguments for and against mandatory mediation. Neither of the two camps of its proponents and opponents appear willing to surrender. However, some recent developments signal…

It was only on the 31st of May when I published a blog on the new Greek mediation law. Just a few months later a part II, or rather a sequel, seems necessary. As discussed in my first blog on the…

Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that…

Four years after Romanian Constitutional Courts’ Decision no. 266/2014 has put mediation in Romania to freeze, this year the Parliament has adopted a set of amendments to the Law of Mediation. It…

The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially…