United Nations Convention on International Settlement Agreements Resulting from Mediation

Abstract

The United Nations Convention on International Settlement Agreements Resulting from Mediation aims to promote international trade and alternative dispute resolution (ADR). Therefore, business people and investors conducting international business will be confident that disputes can be resolved by alternative dispute resolution. This is more flexible than litigation, especially where laws and languages are different in each relevant country. Thus, alternative dispute resolution becomes popular when there is an international trade dispute. The United Nations Convention on International Settlement Agreements Resulting from Mediation unified the enforcement of settlement agreements resulting from mediation. The essential part is to determine the requirement for enforcement and the limited grounds for refusing to grant relief. Thailand, as a Member States of all other international commercial ADR instruments, has not signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, which is similar to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The reason is, perhaps, that Thailand has had unsatisfied experiences regarding the enforcement of the ADR outcomes in the cases where a state or its governmental agency was a party. To avoid that concern, Thailand may make a reservation not to apply the Convention to settlement agreements that Thailand or its governmental agency is a party. Notwithstanding, joining the United Nations Convention on International Settlement Agreements Resulting from Mediation will help to build the confidence of business people and investors to conduct their businesses in Thailand, and that will benefit the overall economy of Thailand.