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The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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The Singapore Convention on Mediation : Origins and Application to Investor-State Disputes. / Alexander, Nadja; Chong, Shouyu.

The Asian Turn in Foreign Investment. ed. / Mahdev Mohan; Chester Brown. Cambridge: Cambridge University Press., 2021. p. 340-360.

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Harvard

Alexander, N & Chong, S 2021, The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes. in M Mohan & C Brown (eds), The Asian Turn in Foreign Investment. Cambridge: Cambridge University Press., pp. 340-360.

APA

Alexander, N., & Chong, S. (2021). The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes. In M. Mohan, & C. Brown (Eds.), The Asian Turn in Foreign Investment (pp. 340-360). Cambridge: Cambridge University Press..

Vancouver

Alexander N, Chong S. The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes. In Mohan M, Brown C, editors, The Asian Turn in Foreign Investment. Cambridge: Cambridge University Press. 2021. p. 340-360

Author

Alexander, Nadja ; Chong, Shouyu. / The Singapore Convention on Mediation : Origins and Application to Investor-State Disputes. The Asian Turn in Foreign Investment. editor / Mahdev Mohan ; Chester Brown. Cambridge: Cambridge University Press., 2021. pp. 340-360

Bibtex Download

@inbook{24f687b5ca1443259fe95a2a8b10ca6e,
title = "The Singapore Convention on Mediation: Origins and Application to Investor-State Disputes",
abstract = "The Singapore Convention on Mediation is a United Nations multilateral treaty that establishes an expedited enforcement framework to facilitate the circulation of international mediated settlement agreements ({\textquoteleft}iMSAs{\textquoteright}) across borders. The Convention{\textquoteright}s focus is on iMSAs of a commercial nature. While there is no express definition of the term {\textquoteleft}commercial{\textquoteright}, this chapter argues that its meaning is broad enough to extend to settlements of investor-State disputes resulting from mediation. In light of the UNCITRAL Working Group III deliberations on investor-State dispute settlement reform which include the potential for greater use of mediation, the ratification of the Singapore Convention is timely. Neither contracts nor consent arbitral awards, iMSAs which fall within the scope of, and satisfy the conditions contained in, the Singapore Convention enjoy a unique status. Arguably, the Singapore Convention elevates iMSAs to the status of a new type of legal instrument recognised in international law. As of May 2020, the Convention has more than 50 State Party signatories, four of which – Singapore, Fiji, Qatar and Saudi Arabia – have ratified its articles into State law. It will come into force on 12 September 2020, which is six months after the date of deposit of the third instrument of ratification (by Qatar on 12 March 2020), in accordance with Article 14 of the Convention. This chapter first examines how the Convention establishes a system for the recognition and enforcement of commercial iMSAs, providing a succinct analysis of the key features of the Convention. It then examines its application to, and potential impact upon, investor-State dispute settlement. ",
author = "Nadja Alexander and Shouyu Chong",
year = "2021",
month = aug,
day = "17",
language = "English",
isbn = "978-1-108-42659-6",
pages = "340--360",
editor = "Mahdev Mohan and Chester Brown",
booktitle = "The Asian Turn in Foreign Investment",
publisher = "Cambridge: Cambridge University Press.",

}

RIS (suitable for import to EndNote) Download

TY - CHAP

T1 - The Singapore Convention on Mediation

T2 - Origins and Application to Investor-State Disputes

AU - Alexander, Nadja

AU - Chong, Shouyu

PY - 2021/8/17

Y1 - 2021/8/17

N2 - The Singapore Convention on Mediation is a United Nations multilateral treaty that establishes an expedited enforcement framework to facilitate the circulation of international mediated settlement agreements (‘iMSAs’) across borders. The Convention’s focus is on iMSAs of a commercial nature. While there is no express definition of the term ‘commercial’, this chapter argues that its meaning is broad enough to extend to settlements of investor-State disputes resulting from mediation. In light of the UNCITRAL Working Group III deliberations on investor-State dispute settlement reform which include the potential for greater use of mediation, the ratification of the Singapore Convention is timely. Neither contracts nor consent arbitral awards, iMSAs which fall within the scope of, and satisfy the conditions contained in, the Singapore Convention enjoy a unique status. Arguably, the Singapore Convention elevates iMSAs to the status of a new type of legal instrument recognised in international law. As of May 2020, the Convention has more than 50 State Party signatories, four of which – Singapore, Fiji, Qatar and Saudi Arabia – have ratified its articles into State law. It will come into force on 12 September 2020, which is six months after the date of deposit of the third instrument of ratification (by Qatar on 12 March 2020), in accordance with Article 14 of the Convention. This chapter first examines how the Convention establishes a system for the recognition and enforcement of commercial iMSAs, providing a succinct analysis of the key features of the Convention. It then examines its application to, and potential impact upon, investor-State dispute settlement.

AB - The Singapore Convention on Mediation is a United Nations multilateral treaty that establishes an expedited enforcement framework to facilitate the circulation of international mediated settlement agreements (‘iMSAs’) across borders. The Convention’s focus is on iMSAs of a commercial nature. While there is no express definition of the term ‘commercial’, this chapter argues that its meaning is broad enough to extend to settlements of investor-State disputes resulting from mediation. In light of the UNCITRAL Working Group III deliberations on investor-State dispute settlement reform which include the potential for greater use of mediation, the ratification of the Singapore Convention is timely. Neither contracts nor consent arbitral awards, iMSAs which fall within the scope of, and satisfy the conditions contained in, the Singapore Convention enjoy a unique status. Arguably, the Singapore Convention elevates iMSAs to the status of a new type of legal instrument recognised in international law. As of May 2020, the Convention has more than 50 State Party signatories, four of which – Singapore, Fiji, Qatar and Saudi Arabia – have ratified its articles into State law. It will come into force on 12 September 2020, which is six months after the date of deposit of the third instrument of ratification (by Qatar on 12 March 2020), in accordance with Article 14 of the Convention. This chapter first examines how the Convention establishes a system for the recognition and enforcement of commercial iMSAs, providing a succinct analysis of the key features of the Convention. It then examines its application to, and potential impact upon, investor-State dispute settlement.

M3 - Chapter

SN - 978-1-108-42659-6

SP - 340

EP - 360

BT - The Asian Turn in Foreign Investment

A2 - Mohan, Mahdev

A2 - Brown, Chester

PB - Cambridge: Cambridge University Press.

ER -

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