Legal Research Quarterly

Legal Research Quarterly

Challenges of Executive Support for Settlement Agreements Reflected in Arbitration Award with a Comparative Study in the New York Convention 1958

Document Type : Original Article

Authors
Reza Maboudi Neishabouri 1
Seyed Alireza Rezaee 2
1 Assistant Professor of Law Ferdowsi University of Mashhad
2 Ph.D. Candidate of Private Law, Ferdowsi University of Mashhad
10.29252/jlr.2021.185350.1727
Abstract
Mediation, as one of the well-known and old methods of dispute resolution, unlike arbitration and litigation, does not have enforceable results in international cases. Notwithstanding of the ratification of the United Nations Convention on International Settlement Agreements Resulting from Mediation, due to its young age and a small number of members, it has not yet been able to overcome the important shortcoming of Mediation, namely the lack of compulsory enforceability. So one way to give enforceability to a settlement is to insert it into an arbitration award so that the executive support of the New York Convention can be exploited. On the other hand, due to the consensual nature of the mediation and the adversarial nature of the arbitration, there are questions and problems with the possibility of applying the New York Convention to the conciliations reflected in the arbitration award. These problems are mentioned in these clauses in the present article: "possibility of the non-existence of arbitration agreement", "lack of dispute between the parties", "possibility of violation of the defense rights of the parties ", and "exceeding the limits of the arbitrators' authority", "lack of seat for an arbitral award", "lack of some arbitration standards, including reasoning". Finally, this article concludes that it is certainly not possible to guarantee the enforcement of an arbitration award that reflects conciliation between the parties under the New York Convention, but it is possible to increase the chance of enforcement of such an arbitration award by applying some considerations in the proceedings.
 
Keywords
"Mediation"
"Arbitration"
"New York Convention"
"Arbitration Agreement
Right of Defense of Parties"
Subjects

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  • Receive Date 20 September 2020
  • Revise Date 01 June 2021
  • Accept Date 26 August 2021