United Nations Convention for International Settlement Agreements; a second New York Convention in the realm of ADR?

By Ying Xia   On 25 June 2018, the final drafts for the UN Convention on International Settlement Agreements Resulting from Mediation and the corresponding Model Law were approved by the United Nations Commission on International Trade Law (‘UNCITRAL’). This new convention (also known as the Singapore Mediation Convention) will be open for signature on 1 August 2019.1 Most expect this convention to come into force as it only requires three ratifications of the member states, which constitutes a [...]

International View of Multi-Tiered Dispute Resolution Clauses: Enforceability and Best Practices

by Saiesh Kamath 1. Introduction There are various ways of resolving disputes depending on the nature of the dispute, the stage it is in, and the inclination of the parties towards the resolution of the dispute. Some stages of disputes are more amenable to amicable dispute resolution methods like negotiation, mediation, and conciliation, while more advanced disputes may require arbitration. As Frank Sander and Stephen Goldberg have said, “fitting the forum to the fuss” is necessary.[1] This is the [...]

Recent Trends in Mediation from Across the Tasman

by Karan Kalsi While small relative to international standards, New Zealand's mediation industry has long punched above its weight. This article briefly covers two contemporary trends in the industry. The first is the increased mandating of alternative dispute resolution in industry-specific statute law. The second is the push for “true” cross-cultural competency in both a bicultural and increasingly multicultural context. Brief Context: New Zealand as the “Odd Duckling”  Unlike Australia, the United Kingdom or the United States, New Zealand [...]

Australian ADR Awards 2021 – In Review

Australia’s Alternative Dispute Resolution (ADR) professional community are global pioneers of ADR. The ADR Awards recognise both individual and team excellence and commitment to innovation in the field. Following the cues from previous years’ Shades of Blue and Back to Black, Chic, the 6th Annual ADR Awards held on Thursday, 31 March 2022 went Emerald on the Green, returning live to the stunning venue at the prestigious Australian Golf Club. The venue buzzed with life even before the event proper, with laughter and conversation through the cocktail [...]

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