Session 2:
The Singapore Convention and International Mediation
The United Nations Convention on International Settlement Agreements Resulting from Mediation
This presentation will examine the nature of the Convention, its operative terms and some insights from the time of its development. The ambit of the convention is its application to international commercial disputes settled in a mediation forum. Historically, two instruments were aimed at harmonising international settlement processes. The instruments were the UNCITRAL Conciliation Rules (1980) and the Model Law on Conciliation (2002).
The New York Convention and these instruments formed the basis of the international framework for the development of the Convention. Previously, in the absence of a cross-border enforcement framework, the enforcement of a settlement agreement reached at the conclusion of a mediation would generally be through the mechanisms available for the enforcement of a contract or arbitral consent award. The Convention provides new mechanisms for the enforcement of settlement agreements which fall within the terms of the Convention. The Convention has been developed to achieve a harmonised mechanism for the enforcement of international settlement agreements resulting from a mediation process. The rationale is to reduce the impact of the cumbersome nature of available enforcement mechanisms and to provide an alternative which supports international trade and commerce.
Date
Tuesday
1 April 2025
Location
The Law Society of
New South Wales
170 Phillip St,
Sydney NSW 2000
Meet the Speaker
Mary Walker OAM
Mary Walker OAM is an internationally recognised and multi-award winning ADR practitioner. She practises across ADR processes, jurisdictions and substantive areas of law. Mary was sponsored by Harvard to teach with Emeritus Prof Frank Sander who pioneered modern dispute resolution particularly mediation in the mid-90’s. She is a member of many international mediation panels including Investor-State mediation panels such as CEDR investor-state panel London and the Abu Dhabi Global Market and is a member of the Singapore International Mediation Panel and is internationally accredited as a Mediator and Mediator Advocate with the International Mediation Institute.
Mary was Chair of the International Section of the Law Council of Australia 2020-2023, is Co-Chair of the ILS International Arbitration and Dispute Resolution Committee and is a long-standing Chair of the Federal Dispute and Resolution Section ADR Committee of the Law Council of Australia. Mary appeared on behalf of the International Bar Association in 2022 and 2023 before UNCITRAL 55th and 56th Commissions.
Mary was a member of the ICC Commission Taskforce on ADR and Arbitration (Paris 2020-2022) and is currently an Australian delegate to the ICC Commission on Arbitration and ADR. She was Co-Chair of the IBA Mediation Committee 2020-2022 and is a member of the IBA Advisory Board of the Mediation Committee. Mary has been recognised in the Best Lawyers and Doyles Guide to Leading Lawyers. Mary was awarded a Medal of the Order of Australia (OAM) “For Service to the Law” in 2021, was inducted into the Australian ADR Awards Hall of Fame as its Inaugural member in 2019 and was made a fellow of the Australian Dispute Resolution Association for Outstanding Contribution to Australian Dispute Resolution.