August 2019 - international litigation blog
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August 2019

August 20, 2019 In Mediation By Quentin Decleve

46 States Sign Singapore Convention on Mediation

On 7 August 2019, 46 countries (including the People’s Republic of China and the United States) signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (also called the Singapore Convention on Mediation) (the Convention or the Singapore Convention). Without the Convention, an international mediated settlement agreement can only be enforced in the same way as any other contract (i.e., through judicial or arbitral proceedings for breach of contract).

Similar to the purpose of New York Convention on the enforcement of arbitral awards, the Convention therefore aims to facilitate the enforcement of “international” mediated settlement agreements.READ MORE

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August 1, 2019 In Recognition and enforcement of foreign judgments By Quentin Decleve

Adoption of The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

On 2 July 2019, The Hague Conference on Private International Law which includes the European Union, adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Convention).

The Convention’s objective is to facilitate the recognition and enforcement of court judgments across jurisdictions by creating a single global framework to that end. This should, in turn, enhance legal certainty and predictability, help to reduce transactional and litigation costs in cross-border civil and commercial matters and, ultimately, make multilateral trade and investment easier.

The complexity associated with the recognition and enforcement of foreign judgments has always been a significant obstacle to cross-border litigation and has therefore prompted businesses to opt for arbitration. In order to tackle this issue, the Convention is expected to simplify the foreign judgment enforcement process and to allow a more effective access to justice.READ MORE

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