The Relations between the Singapore Mediation Convention and the European Mediation Directive
The Relations between the Singapore Mediation Convention and the European Mediation Directive
Author(s): Michal MalackaSubject(s): International Law, International relations/trade, EU-Legislation
Published by: Univerzita Palackého v Olomouci
Keywords: mediation; mediated settlement agreements; the Singapore Mediation Convention; the EU Mediation Directive; international trade; dispute settlement; mediation agreements;
Summary/Abstract: This paper deals with the Singapore Convention on Mediation from United Nations General Assembly in December 2018 and signed in Singapore on 7 August 2019. Also with the European Union situation, given by the existence of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. EU States haven’t signed the Singapore Convention on Mediation. This paper is trying to analyse the two instruments, the Directive as a harmonisation instrument, maybe opening the field of the possible usage of the convention and not existing Regulation unifying the legal ground in the EU. The Singapore Convention on Mediation enters into force six months after deposit of the third instrument of ratification, acceptance, approval, or accession. EU is now in the position, where a decision about new Directive, or maybe the acceptance of the convention must be decided with accordance to all the dilemmas of the Singapore Convention.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 9/2022
- Issue No: 2
- Page Range: 243-264
- Page Count: 22
- Language: English