Alternative Dispute Resolution Current Affairs - 2020

Category Wise PDF Compilations available at This Link

India signs UN Convention on International Settlement Agreements

India signed United Nations Convention on International Settlement Agreements (UNISA) also known as Singapore Convention on Mediation. It was signed by India’s High Commissioner to Singapore Jawed Ashraf, representing Government of India (GoI). So far 46 countries have signed this international treaty on settlement agreements.

Benefits for India: It is particularly important for the growth of mediation in India and enhancing the ease of doing business in India particularly in the legal front. It will help to boost confidence of investors especially foreign investors investing in India. It will provide positive signal to foreign investors about India’s commitment for adhering to international practice on Alternative Dispute Resolution (ADR) or external dispute resolution (EDR).

About UN Convention on International Settlement Agreement (UNISA)

It is also known as Singapore Convention on Mediation. In December 2018 UN General Assembly (UNGA) adopted The United Nations Convention on International Settlement Agreements Resulting from Mediation.

It provides uniform framework for enforcing international settlement agreements which results from mediation. It also provide efficient framework for allowing parties to invoke such agreements similar to framework that New York Convention (or Convention on Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)) provides for arbitral awards.

It defines 2 additional grounds upon which a court may, on its own motion, refuse to grant relief. Those 2 grounds relate to fact that a dispute would be contrary to public policy or would not be capable of settlement by mediation.

It ensures that parties reach a settlement that becomes binding and enforceable in accordance with simplified and streamlined procedure.

Significance: It aims to become essential instrument that facilitates international trade and in promotion of mediation as alternative and effective method of resolving trade disputes. It also seeks to contribute to strengthening access to justice, and to the rule of law.

Get these updates on Current Affairs Today Android App

Cabinet approves signing UN Convention on Mediation

Union Cabinet chaired by Prime Minister Narendra Modi has approved signing of United Nations Convention on International Settlement Agreements (UNISA) resulting from mediation by India. It is scheduled to be signed in Singapore on 7th August, 2019 or at the United Nations.

UN Convention on International Settlement Agreement (UNISA)

It is also known as Singapore Convention on Mediation. It was adopted by UN General Assembly (UNGA) in December 2018.

It provides uniform framework for enforcement of international settlement agreements resulting from mediation and for allowing parties to invoke such agreements akin to framework that Convention on Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (New York Convention) provides for arbitral awards.

It defines two additional grounds upon which court may, on its own motion, refuse to grant relief. These grounds related to fact that dispute is not be capable of settlement by mediation or is contrary to public policy.

It ensures that settlement reached by parties becomes binding and enforceable in accordance with simplified and streamlined procedure.

It seeks to become essential instrument in facilitation of international trade and in promotion of mediation as alternative and effective method of resolving trade disputes. It also seeks to contribute to strengthening access to justice, and to the rule of law.

Benefits of signing for India

It will boost the confidence of investors. It will also provide positive signal to foreign investors about India’s commitment to adhere to international practice on Alternative Dispute Resolution (ADR).

Get these updates on Current Affairs Today Android App