The UN Convention on International Settlement Agreements Resulting from Mediation will harm mediation of transnational disputes, argues Eric Sherby. In The Singapore Convention: The Emperor's New Clothes of International Dispute Resolution, Sherby contends:
Transnational settlement agreements arrived at through mediation are already routinely enforced without need for courts if they contain: (i) an escrow mechanism, (ii) an arbitration clause, and (iii) a "further documents" clause. The use of these three tools renders the Singapore Convention superfluous.
Sherby says the Singapore Convention will harm the enforcement of mediated settlement agreements because it authorizes a court in the state in which enforcement is sought to consider the mediator's "breach" of applicable standards as a possible defense to enforcement.
Thanks to Mizzou Law's John Lande for posting lots of interesting new syllabi from faculty who teach Alternative Dispute Resolution and related courses.
Those syllabi are just some of the many resources on the University of Missouri Center for the Study of Dispute Resolution’s collection of resources.
Law students can win $1000 in the Boskey Law Student Essay Contest on Dispute Resolution, sponsored by the ABA Section of Dispute Resolution in memory of James B. Boskey, a Seton Hall University law professor, and mediator.
June 12, 2020, is the deadline for entries.
Links with resources:
https://www.odrzoom.com/
https://www.youtube.com/watch?v=8Hdz-NI6Xr4&list=PLLwBPi0sA8OeWytboVYBvZoz8YVifI7f-&index=11
The New York State Bar Association's Dispute Resolution Section, the New York International Arbitration Center, and the American Arbitration Association are hosting the Second Annual Mediation Tournament Friday, March 20 and Saturday, March 21, 2020 at:
AAA-ICDR Dispute Resolution Center and NYIAC
150 East 42nd Street
17th Floor
New York, NY
Cash Prizes totaling $6,000.00
For general questions about the program, please contact Catherine Carl at ccarl@nysba.org
For any questions related to program registration, please contact the NYSBA's Member Resource Center by email at MRC@nysba.org, or by phone at 800-582-2452.