ARTICLES
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation
The UN Commission on International Trade Law (“UNCITRAL") held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG"). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II") to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention") for the purpose of encouraging the use of conciliation in resolving international commercial disputes.
This Article proposes to share the Author’s understanding on the subject including the necessity of having the Enforceability Convention and current legislations of countries including China on the enforceability of settlement agreements reached through conciliation (“Settlement Agreements") as well as concerns and thoughts on how to build up the Enforceability Convention.
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation.pdf
