پژوهش های حقوق تطبیقی (Dec 2022)
Analyzing the Cross-Border Enforcement of International Commercial Settlement Agreements with a Comparative Study of Iran\'s Laws and a Preferential Policy Proposal
Abstract
diation, despite its historical antiquity and significant benefits for parties, has been less successful than other methods of dispute resolution such as arbitration and litigation. According to scientific and practical researches, the reason for the mentioned situation was the lack of enforcement support of the settlement agreements as a result of the mediation process. To cover this weakness and to promote mediation, the United Nations ratified the Singapore Convention. The convention has recently entered into force and signed by Iran, although it has not yet been ratified by the Iranian legislature. In the present study, various rules and aspects of cross-border implementation of international trade settlement agreements have been analyzed, so that the Iranian legislature, legal researchers and business activists can have a correct understanding of the provisions of the Convention. Finally, this article concludes that the Singapore Convention has taken an important step towards the development of mediation in order to provide enforcement support to the settlement agreements and to grant the status of Res Judicata to said document. Of course, there are ambiguities and rules that can be criticized in the treaty, the inclusion of which is due to the need for consensus of the countries and certainly the Singapore Convention, by providing the setting and development of mediation, can result in ratification of more comprehensive mediation treaty. The Iranian legislature is advised to accede to the Treaty, and to harmonize the legal approach to domestic and international mediation, to enact a national mediation law inspired by the UNCITRAL Model Law so that the Iranian dispute resolution system takes an important step in promoting this method of dispute resolution.
