The Singapore Convention on mediation : a commentary on the United Nations Convention on International Settlement Agreements Resulting from Mediation

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書誌事項

The Singapore Convention on mediation : a commentary on the United Nations Convention on International Settlement Agreements Resulting from Mediation

edited by Guillermo Palao

（Elgar commentaries in private international law）

Edward Elgar, c2022

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention's implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.

目次

Contents: Foreword xvii Chronicles of the Singapore Convention - an insider view 1 Itai Apter and Roni Ben David The Preamble to the Singapore Convention on mediation: identifying the object and purpose of the Treaty through text, context and intent 41 S.I. Strong 1 Scope of Application 63 Pablo Cortes 2 Definitions 86 Nuria Gonzalez Martin 3 General principles 107 Guillermo Palao 4 Requirements for reliance on settlement agreements 130 Mark T. Kawakami 5 Grounds for refusing to grant relief 156 Dai Yokomizo and Peter Mankowski 6 Parallel applications or claims 180 Valesca Raizer Borges Moschen 7 Other laws or treaties 199 Gyooho Lee 8 Reservations 212 Ximena Bustamante and Gabriela Balseca 9 Effect on settlement agreements 230 Achille Ngwanza 10 Depositary 233 Afonso Patrao and Dulce Lopes 11 Signature, ratification, acceptance, approval, accession 238 Ilaria Queirolo and Stefano Dominelli 12 Participation by Regional Economic Integration Organizations 257 Theophile Margellos and Sven Stu rmann 13 Non-unified legal systems 280 Dulce Lopes and Afonso Patrao 14 Entry into force 291 Javier Diez-Hochleitner 15 Amendment 299 Javier Diez-Hochleitner 16 Denunciations 304 Javier Diez-Hochleitner Index

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