Vienna Session of Uncitral Working Group II on Enforceability of International Settlement Agreement Reached Through Mediation – date in New York on February 2017

viennainternationalcentre2The Vienna session of Uncitral Working Group II closed on Friday the 23rd September. During the two weeks session the WG II has widely discussed about the preparation of an instrument on enforceability of settlement agreement reached through international mediation proceedings. The most important issues addressed where about the form  of the instrument (whether convention or model law), the potential involvement of the mediator  in the enforceability process, whether it is appropriate to include an opt-in or opt- out mechanism provision, the settlement agreement form requirements and the potential defenses. The FIMC attended the session as observer, and took the floor to represent, in the light of its experience, users need of and instrument that provides for certainty, clarity and consistency in the international mediation framework. Furthermore, FIMC represented the need that this instrument preserves the most relevant mediation advantages, as time and costs efficiency, confidentiality and parties’ control.

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