Abstract

[full article, abstract in English; abstract in Lithuanian]
 Upon the recent finalization of the Singapore Mediation Convention, a comparative analysis is conducted in the article between the newly prepared instrument and two other international enforcement mechanisms of mediated agreements offered by the EU Mediation Directive and SIAC-SIMC Arb-Med-Arb protocol, both currently in force.

Highlights

  • In mediation, as opposed to arbitration or litigation, disputants come to a consensus, rather than have a decision imposed by a third party

  • Since the Singapore Mediation Convention is supposed to offer a universal solution, the goal of this article is to evaluate if its provisions create a mechanism which is capable of outperforming existing enforcement mechanisms provided in the shifted back to arbitration (SIAC) – SIMC Arb-Med-Arb protocol and the EU Mediation Directive

  • SIAC – SIMC Arb-Med-Arb Protocol is a wise choice to those who are looking for an enforceable outcome to their dispute but as well are keen to transfer their disagreement to arbitration in case mediation is not successful

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Summary

Introduction

As opposed to arbitration or litigation, disputants come to a consensus, rather than have a decision imposed by a third party. Since the Singapore Mediation Convention is supposed to offer a universal solution, the goal of this article is to evaluate if its provisions create a mechanism which is capable of outperforming existing enforcement mechanisms provided in the SIAC – SIMC Arb-Med-Arb protocol and the EU Mediation Directive. These three legal acts form the main object of the article. Enforcement of Mediated Settlement Agreements advantages and disadvantages; (3) indicating reasons why certain methods might work in one environment but not another To fulfil these tasks comparative research method was implemented. Teleological and document analysis methods were widely used while examining travaux preparatoire and final texts of the legal acts

National MSAs’ Enforcement Mechanisms
SIAC-SIMC Arb-Med-Arb Protocol
33 See for example
Enforcement Mechanisms in the European Union
UNCITRAL: the Singapore Mediation Convention
Conclusions
18. Hague Conference on International Private Law
Literature
Full Text
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