A comparative study of enforceability on international commercial settlement agreements resulting from mediation

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor, Department of Private Law, University of Tehran, Tehran, Iran.

2 PhD Candidate in Private Law, Faculty of Law & Political Sciences, University of Tehran, Tehran, Iran.

10.48300/jlr.2024.430279.2517

Abstract

Mediation has become a popular method to resolve disputes and many countries all over the world try to encourage the parties to resolve disputes in this way. The main concern about mediation is enforceability of mediated agreements .The United Nations and the European Union have implemented the measures to solve this problem such as adoption of the European Union Mediation Directive (2008) and Singapore Convention (2019).The most important discussion in these two provisions is implementation of settlement agreement that is reached as a result of mediation. within a comparative perspective, this article explains how a dispute settlement agreement is implemented according to the Singapore Convention and the EU Mediation Directive .Also, in this article, the legal attitude of Singapore, as one of the first ratifiers of the Convention, and the approach of the Iranian legal system to the issue, according to the government's bill to join the Singapore Convention, have been investigated. Finally, specific proposals have been presented in the field of choosing the executive regime of international commercial dispute settlement agreements.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 05 February 2024

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