– Prospects for enforcing mediated settlement agreements across borders

Professor Laurence Boulle
2.15 in Kirraala

Other sessions in this timeslot
SRL challenges.. 1.5 hr
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This presentation examines the enforcement of mediated settlement agreements (MSAs) across national borders. Traditionally MSAs have enjoyed no higher legal status than other negotiated settlements and conflict of laws principles, or various legal fictions, are required to secure their enforcement in foreign jurisdictions. Parties can also attempt to employ provisions of the New York Convention to have MSAs enforced as arbitral awards.

For some time consideration has been given to the development of an international treaty, similar to the NYC, to support the binding nature and enforceability of MSAs across national borders. This has culminated in the current UNCITRAL work on this topic. The presentation will examine aspects of the UNCITRAL project in light of the policy and practical questions which arise in this area, and in the context of broader globalisation imperatives.

Get to know Laurence
laurence-boulle-150Laurence Boulle has taught and practised in the dispute resolution arena for 25 years. He is currently on the World Bank Panel of Conciliators for foreign investment disputes. He has chaired both NADRAC and the Mediator Standards Board and his books on mediation have been published in seven countries. Laurence established the Dispute Resolution Centre at Bond University two decades ago and is currently Professor of Law at Thomas More Law School, ACU, Sydney.

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