More than six years have passed since the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the ‘Convention’). Since then, a significant number of jurisdictions have signed or acceded to the treaty. Consistent with the Convention’s flexible, minimalist approach, many Contracting Parties have joined without enacting specific implementing legislation. Others, however, have opted to introduce supporting domestic laws and procedures. Although the Convention does not mandate the adoption of implementing legislation, certain provisions necessitate at least a limited domestic legislative action to ensure its effective application. In practice, the legislative process has proven nuanced and, at times, complex, exposing a range of legal and procedural challenges. This article explores the legislative dimensions of implementing the Convention. It analyses domestic laws adopted by Contracting Parties, identifies key challenges and considerations, and where appropriate examines interactions with existing legal frameworks. By providing a comparative and practical overview, the study aims to provide guidance for states considering accession to the Convention and to support informed decision-making in developing effective implementation strategies.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management