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Sayfa 303EKLER
Sayfa 304Sayfa 305EK 1: United Nations Convention on International Settlement Agreements Resulting from Mediation
Resolution adopted by the General Assembly on 20 December 2018…
[on the report of the Sixth Committee (A/73/496)]…
73/198. United Nations Convention on International Settlement Agreements Resulting from Mediation…
The General Assembly,…
Recalling its resolution 2205 (XXI) of 17 December 1966, by which it established…
Recalling also its resolution 57/18 of 19 November 2002, in which it noted the adoption by the Commission of the Model Law on International Commercial Conciliation…
Recognizing the value of mediation as a method of amicably settling disputes…
Convinced that the adoption of a convention on international settlement agreements…
Noting that the decision of the Commission to concurrently prepare a convention on international settlement agreements resulting from mediation and an amendment to the Model Law on International Commercial Conciliation was intended to accommodate the different levels of experience with mediation in different jurisdictions and to provide States with consistent standards on the cross-border enforcement of international settlement agreements resulting from mediation, without creating any expectation that interested States may adopt either instrument,…
Noting with satisfaction that the preparation of the draft convention was…
Taking note of the decision of the Commission at its fifty-first session to submit the draft convention to the General Assembly for its consideration,…
Taking note with satisfaction of the draft convention approved by the Commission,…
Expressing its appreciation to the Government of Singapore for its offer to…
1. Commends the United Nations Commission on International Trade Law for preparing the draft convention on international settlement agreements resulting from mediation;2. Adopts the United Nations Convention on International Settlement Agreements…
3. Authorizes a ceremony for the opening for signature of the Convention to…
4. Calls upon those Governments and regional economic integration organizations…
62nd plenary meeting …
20 December 2018…
United Nations Convention on International Settlement Agreements Resulting from Mediation…
Preamble…
The Parties to this Convention,…
Recognizing the value for international trade of mediation as a method for…
Noting that mediation is increasingly used in international and domestic commercial…
Considering that the use of mediation results in significant benefits, such…
Convinced that the establishment of a framework for international settlement…
Have agreed as follows:Sayfa 308…
Article 1. Scope of application…
1. This Convention applies to an agreement resulting from mediation and concluded…
(a) At least two parties to the settlement agreement have their places of business…
(b) The State in which the parties to the settlement agreement have their places…
(i) The State in which a substantial part of the obligations under the settlement…
(ii) The State with which the subject matter of the settlement agreement is most…
2. This Convention does not apply to settlement agreements: …
(a) Concluded to resolve a dispute arising from transactions engaged in by one of…
(b) Relating to family, inheritance or employment law.…
3. This Convention does not apply to: …
(a) Settlement agreements: …
(i) That have been approved by a court or concluded in the course of proceedings…
(ii) That are enforceable as a judgment in the State of that court;…
(b) Settlement agreements that have been recorded and are enforceable as an arbitral…
Article 2. Definitions…
1. For the purposes of article 1, paragraph 1: …
(a) If a party has more than one place of business, the relevant place of business…
(b) If a party does not have a place of business, reference is to be made to the…
2. A settlement agreement is “in writing” if its content is recorded in any form.…
3. “Mediation” means a process, irrespective of the expression used or the basis…
Article 3. General principles…
1. Each Party to the Convention shall enforce a settlement agreement in accordance…
2. If a dispute arises concerning a matter that a party claims was already resolved…
Article 4. Requirements for reliance on settlement agreements…
1. A party relying on a settlement agreement under this Convention shall supply to…
V. Singapur Sözleşmesi’nden Beklentiler
EK 2: UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the UNCITRAL Model Law on International Commercial Conciliation, 2002)
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