نوع مقاله : علمی پژوهشی
استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی
عنوان مقاله [English]
Singapore Convention on Médiation was signed by 46 countries, including Iran, in August 2019 and came into force in September 2020. The promulgation of the Convention aims to provide an effective mechanism, akin to the New York Convention, for enforcing settlement agreement resulting directly from mediation. The process and result of negotiations indicate that the future of the Convention is uncertain. The unwillingness of the EU, European countries, and Japan on the one hand, and the lack of cultural and legal foundations in a given country that may consider the ratification of the Convention, on the other hand, may amount to the unsuccessful application of the Convention. This article illustrates problems and controversies raised at the time of drafting the Singapore Convention. It also demonstrates the advantages and disadvantages of the possible ratification in Iran. It concludes that the Iranian legal system is currently lacking a legal basis in terms of commercial mediation, and hence before the possible accession, Iran should adopt a legal framework for commercial mediation by inspiriting from UNCITRAL Model Law on Mediation.
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