Russia and the UNCITRAL Instruments on Enforcement of International Commercial Settlement Agreements

PDF - for LibraryDmitry Davydenko. Russia and the UNCITRAL Instruments on Enforcement of International Commercial Settlement Agreements Resulting from Mediation”. 

In New Horizons of International Arbitration. Issue 4: Collection of Articles / Academic Editors: A.V. Asoskov, А.I. Muranov, R.M. Khodykin; Association of Private International and Comparative Law Studies. – Moscow: Association of Private International and Comparative Law Studies, 2018. – 356 p.
The UNCITRAL Working Group has developed an instrument on
the enforcement of settlement agreements reached as a result of international commercial mediation. The instrument is aimed at creating a mechanism for simplified and accelerated enforcement of out-of-court settlement agreements concluded by the parties following such procedures (mediated agreements).
Such international instrument, if implemented by states, can play a very positive role in the development of an out-of-court settlement of international commercial disputes through mediation, adding further certainty to the outcome of such a settlement.
Adoption of this instrument would be useful for Russian participants in the foreign commerce, as well as for the development of the Russian legal system.
It would be useful to develop and then implement such instrument in the form of an international convention and amendments to the UNCITRAL Model Law on International Commercial Conciliation 2002.
At the same time, the form of amendments to the UNCITRAL Model Law would allow to better take into account the specific needs of the Russian legal system and provide protection from the risks of abuse of the mechanism of simplified enforcement of mediated agreements.
The absence in Russia as well as in some other countries of the mechanisms
for the simplified enforcement of out-of-court settlement agreements does not impede the implementation of such instrument. The UNCITRAL mechanism for simplified enforcement of settlement agreements provides an opportunity for the courts to minimize the risks of abuse on a case-by-case basis. It is generally balanced and takes into account the interests of the parties as well as public interests.
At the same time, while considering such implementation it will be necessary
to elaborate further on the issues related to the need to combat the abuses.

About the Author:

Based in Moscow, Dr Davydenko is the Director and a co-editor of the CIS Arbitration Forum. He is an associate professor at the Moscow State Institute of International Relations (MGIMO University), Department of Private International and Civil Law. Dmitry Davydenko has experience as an arbitrator in the ICC and other arbitral proceedings and is listed as a recommended arbitrator of International Commercial Arbitration Court and Maritime Arbitration Commission at Russian Chamber of Commerce and Industry, as well as of other reputed arbitral institutions. Included in the list of best practitioners in arbitration in Russia as of the years 2017, 2018 and 2019 by Who’s Who Legal and Global Arbitration Review (GAR). He also acts as a Russian law expert on various matters related to international commerce.

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