United Nations Convention on International Settlement
Agreements Resulting from Mediation
A/RES/73/198
Considering that the use of mediation results in significant benefits, such as
reducing the instances where a dispute leads to the termination of a commercial
relationship, facilitating the administration of international transactions by
commercial parties and producing savings in the administration of justice by States,
Convinced that the establishment of a framework for international settlement
agreements resulting from mediation that is acceptable to States with different legal,
social and economic systems would contribute to the development of harmonious
international economic relations,
Have agreed as follows:
Article 1
Scope of application
1.
This Convention applies to an agreement resulting from mediation and
concluded in writing by parties to resolve a commercial dispute (“settlement
agreement”) which, at the time of its conclusion, is international in that:
(a) At least two parties to the settlement agreement have their places of
business in different States; or
(b) The State in which the parties to the settlement agreement have their places
of business is different from either:
(i) The State in which a substantial part of the obligations under the settlement
agreement is performed; or
(ii) The State with which the subject matter of the settlement agreement is
most closely connected.
2.
This Convention does not apply to settlement agreements:
(a) Concluded to resolve a dispute arising from transactions engaged in by
one of the parties (a consumer) for personal, family or household purposes;
(b)
3.
Relating to family, inheritance or employment law.
This Convention does not apply to:
(a)
Settlement agreements:
(i) That have been approved by a court or concluded in the course of
proceedings before a court; and
(ii)
That are enforceable as a judgment in the State of that court;
(b) Settlement agreements that have been recorded and are enforceable as an
arbitral award.
Article 2
Definitions
1.
For the purposes of article 1, paragraph 1:
(a) If a party has more than one place of business, the relevant place of
business is that which has the closest relationship to the dispute resolved by the
settlement agreement, having regard to the circumstances known to, or contemplated
by, the parties at the time of the conclusion of the settlement agreement;
(b) If a party does not have a place of business, reference is to be made to the
party’s habitual residence.
2.
A settlement agreement is “in writing” if its content is recorded in any form.
The requirement that a settlement agreement be in writing is met by an electronic
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