UNCITRAL MODEL LAW on International Commercial Mediation

and International Settlement Agreements Resulting from Mediation

Article 1: Scope and Application of the Law and Definitions

• Scope of Application of Model Law
• Definition of Mediation
• Elements of Mediation
• Other similar processes
• Commercial Mediation
Article 2: Interpretation
• Three things to be regarded
• Interpretation of International law
• General principles
Article 3: Scope of Application of the sections and definitions
• When mediation is international?
• Applicability by Agreement
• Exclusion of applicability by agreement
• Scope of Application of this Section
Article 4: Variation by Agreement
Article 5: Commencement of Mediation Proceedings
• Consent of Parties
• Invitation to Mediate
Article 6: Number and Appointment of Mediators
• Default Rule
• Appointment by Agreement of Parties
• Assistance of an institution or person in appointment
• Things to be considered during Appointment
• Duty to disclose
Article 7: Conduct of Mediation
 • By Parties’ Agreement
• By Mediator
• Fair Treatment of Parties
• Proposals for settlement
Article 8: Communication between mediator and parties
Article 9: Disclosure of Information
Article 10: Confidentiality
• Exception
Article 11: Admissibility of Evidence in other proceedings
• Privileged Communication
• Obligation on Court
• Any Dispute
• Other Evidence
Article 12: Termination of mediation proceedings
• When and how the mediation proceedings terminate?
Article 13: Mediator acting as arbitrator
Article 14: Resort to arbitral or judicial proceedings
• Exceptions
• Effect
Article 15: Binding and enforceable nature of settlement agreements
Article 16: Scope of application of the section and definitions
• Scope of Application of this section
• Exclusions from the Scope
• Other Legal Framework
• What settlement agreements are international?
• When a settlement agreement is “in writing”?
Article 17: General Principles
• Enforcement of Settlement Agreements
 • Right of a Party to invoke
Article 18: Requirements for reliance on settlement agreements
• Requirements for reliance on settlement agreements
• Electronic Communication
• Translation
• Power of the competent authority
Article 19: Grounds for refusing to grant relief
• Grounds for refusing to grant relief
• Exhaustive List
• Suo Moto
Article 20: Parallel Applications or Claims
United Nations Convention on International Settlement Agreements
Resulting from Mediation

Article 1: Scope of Application

• Scope of Application
• When a Settlement Agreement is international?
• Exclusions from the Scope
Article 2: Definitions
• Party having more than one or no place of business
• When a settlement agreement is “in writing”?
• Definition of Mediation
Article 3: General Principles
• Enforcement of Settlement Agreements
• Right of a Party to invoke
Article 4: Requirements for reliance on Settlement Agreements
• Requirements for reliance on Settlement Agreements
• Electronic Communication
• Translation
• Power of competent authority
Article 5: Grounds for refusing to grant relief
• Grounds for refusing to grant relief
• Exhaustive List
• Suo Moto
Article 6: Parallel Applications or Claims
Article 7: Other laws or treaties
Article 8: Reservations
• Declaration by State
 • Time for making such Declaration and Reservation coming into effect
• Deposit of Reservations
• Withdrawal of Reservations
Article 9: Effect on Settlement Agreements
Article 10: Depository
Article 11: Signature, Ratification, Acceptance, Approval, Accession
• Signature
• Ratification, Acceptance or Approval
• Accession
• Instruments
Article 12: Participation by regional economic integration organizations
• Regional Economic Integration Organization
• Rights and Obligations
• Declaration of relevant matters
• Notification of changes
• Party to the Convention
• Conflicting Rules
Article 13: Non-unified legal systems
• Declaration for applicability in territorial units
• Notification of Declaration
• Applicability of different terms
• If no Declaration made
Article 14: Entry into force
• Entry into force
• Entry into force after deposit of third instrument
Article 15: Amendment
• Proposal of Amendment
• Voting in Conference
• Amendment if adopted
• Entry into Force
 • Entry into Force after deposit of third instrument
Article 16: Denunciations
• Denunciations by a Party
• Entry into Force