CIArb News

Thoughts on the Singapore Convention, the commitment dilemma and access to justice

02 Jun 2021

All of us who have ever been involved in disputes will remember the effort, worry, financial and opportunity cost involved. For those involved in disputes involving parties from different jurisdictions the issue of how to deal with disputes has always been a financial, commercial, legal and opportunity cost of major proportions. It would be a huge overstatement to say that the Singapore Convention solves all these problems. However, it does put a crucial piece of the puzzle into place.

One of the great benefits of mediation is that settlements are reached by mutual agreement, rather than imposition. As a result, the chances of needing court enforcement are radically reduced; after all, if I am directly involved and responsible for hammering out acceptable terms, I am unlikely to agree to something that is unworkable, or I don’t want. As a party who remains in control of the decision to settle and its terms, if no acceptable, workable outcome is found then I simply walk away. If an agreement is reached, it is usually happening against a backdrop of things having gone wrong, and it is normal for there to be a lack of trust between the parties. Therefore, it is perfectly natural for parties to want the security of knowing that, if there are problems, the settlement will be legally recognised by the relevant courts across international boundaries. This reassures everyone involved that all parties are absolutely committed to the agreed settlement.

The importance of the Singapore Convention allowing parties to demonstrate commitment in this way is hugely important. In making it possible for international disputants to use mediation with confidence, access to justice across international boundaries has been extended in a profoundly important way. We are living in exciting times.

CIArb will be hosting its annual Roebuck Lecture focused on the theme of ‘The impact of Singapore Mediation Convention, both on mediation and arbitration' delivered by Hon Lady Justice Joyce Aluoch EBS CBS MCIArb, (Rtd) Judge, Certified International Mediator (IMI), Certified Advanced Mediator, Chartered Mediator and Accredited Mediator.

Find out more here.

Head of Mediation Development
Dr Isabel Phillips

14 Sep 2021

UK Government Reopens Call for Arbitrators to join new UK-EU Trade and Cooperation Agreement panels

The UK government has reopened its Expression of Interest campaign seeking suitably qualified people to appoint to lists of arbitrators and expert panellists for the dispute settlement mechanisms within the UK-EU Trade and Cooperation Agreement (TCA). The deadline for new applications is now 11.00pm on Sunday 19th September.

Read in Full

09 Sep 2021

CIArb Taiwan Chapter’s Evening Talk on Hot Legal Topics in Solar Power

The Taiwan Chapter was honored to co-host, along with the Taipei Professional Civil Engineers Association, Taiwan Arbitration Association, Chinese Construction Industry Arbitration Association, and iADR®.

Read in Full

03 Sep 2021

Toppan Holdings Limited & Abbey Healthcare (Mill Hill) Limited vs Simply Construct (UK) LLP [2021] EWHC 2110 (TCC)
CIArb's Western Counties latest article is by Kai Von Pahlen MCIArb, a solicitor-advocate and senior associate at VWV.
Read in Full