اتفاقية سنغافورة للوساطة و منازعات الاستثمار الدولي : دراسة تحليلية للاتفاقية و تحديات الوساطة في منازعات الاستثمار

الملخص EN

Mediation has emerged as an important alternative dispute resolution mechanism.

Disputants are often attracted by its informality especially when compared to the rigidity associated with litigation before the state courts or with arbitration before the various arbitration tribunals.

In addition, the frequent interference of the courts in the arbitration process adversely affects the duration of the dispute settlement and its cost.

Consequently, arbitration- especially the arbitration of disputes between investors and the host countries of the investment- has become very time-consuming and costly.

In view of this, the United Nations Convention on International Settlement Agreements Resulting from Mediation(“the Singapore Convention”) was adopted at the General Assembly session No.

62 on December 20, 2018.

It recently came into force on September 12, 2020.

The Convention generally aims to encourage the use of mediation as an effective means of settling cross-border disputes for the purpose of preserving commercial relations between the parties concerned.

It creates a legal framework that indicates the importance of mediation internationally, and supports the existence of a mechanism that allows reliance on settlement agreements resulting from mediation and their uncomplicated enforcement at state level.

However, can this Convention effectively increase the uptake of mediation among disputants, particularly those embroiled in investment disputes? This paper examines the reasons behind the conclusion of the Singapore Convention on Mediation.

It analyzes its key provisions, particularly those relating to the enforcement of mediated agreements and defenses against the enforcement of these agreements.

It also examines the challenges surrounding the usage of mediation in settling disputes between investors and the host country, and the Convention’s scope for this type of disputes.