SAL Journal 2019 - Special Issue ( International Commercial Mediation)

This issue features articles on:

(a)         the development of Singapore’s user-centric model of international commercial mediation;

(b)         mediation developments in the 21st century, and ten trends in international mediation, including the changing profile of cross-border disputants and corresponding developments in international mediation practice and law;

(c)           the enforcement of mediated settlement agreements under the Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention”) against the background of private international law;

(d)         the construction of the Singapore Convention, through the lens of the chairperson of the negotiating process;

(e)         how the Singapore Convention and its complementary Model Law was developed, from the perspective of members of the UNCITRAL Working Group II (Dispute Settlement);

(f)           the impact of brain science on conflict and its resolution;

(g)         how international mediated settlement agreements can be enforced without the Singapore Convention;

(h)         the issues that arise when parties dispute the validity and effect of their mediation clause;

(i)           mediation across cultures, and some practical ways to take account of culture in the process of negotiation and in the resolution of disputes;

(j)           how conciliation and arbitration should be structured to form complementary negotiation windows, as well as the prospects of the Singapore Convention for conciliation; and

(k)         how mediation confidentiality and good faith participation may be concurrently promoted.

Articles

1. Introduction

2. International Commercial Mediation: The Singapore Model

3. Ten Trends in International Commercial Mediation

4. Enforcement of International Settlement Agreements Resulting from Mediation under the Singapore Convention: Private International Law Issues

5. Constructing the Convention on Mediation: The Chairman’s Perspective

6. Through the Looking Glass: An Insider’s Perspective into the Making of the Singapore Convention on Mediation

7. The Impact of Brain Science on Conflict and Its Resolution

8. Enforcement of International Mediated Settlements without the Singapore Convention on Mediation

9. Mediation Clauses: Enforceability and Impact

10. Mediating across Cultures: Some Practical Lessons

11. Conciliation of Investor–State Disputes, Arb‑Con-Arb, and the Singapore Convention

12. Piercing the Veil of Confidentiality in Mediation to Ensure Good Faith Participation: An Untenable Position?