ReSolution Issue 17, May 2018 | Page 4

ReSolution: In Brief

New States Party to New York Convention








On 10 June 1958, a diplomatic conference convened by the United Nations in New York concluded the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The ‘New York Convention’, as it is known, established an effective international regime to uphold and enforce arbitration agreements and to facilitate the international enforcement of arbitration awards. It is widely recognised as one of the most successful international treaties of the 20th century in the area of commercial law, currently adhered to by 157 States, including the major trading nations and the eleven parties to the recently signed CPTPP.
Cabo Verde has become the 158th State party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, or the New York Convention, having deposited its instrument of accession on 22 March 2018. The New York Convention will enter into force for Cabo Verde on 20 June 2018.
Sudan has become the 159th State party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, or the New York Convention, having deposited its instrument of accession on 26 March 2018. The New York Convention will enter into force for Sudan on 24 June 2018. The Sudanese economy has been negatively affected by civil war and decades of international sanctions. Sanctions have been relaxed in recent years, however, and accession to the Convention is no doubt intended as a sign of a renewed commitment to attract foreign investment. Sudan is the 38th African State to become party to the Convention.
This year marks the 60th anniversary of the Convention, an event that UNCITRAL will celebrate on the occasion of its 51st session, on 28 June 2018, at UN Headquarters in New York.
New legal framework for the enforcement of settlement agreements resulting from international mediation
On February 9, 2018, the United Nations Commission on International Trade Law’s (UNCITRAL) Working Group II (Dispute Settlement – formerly Arbitration and Conciliation) concluded negotiations and approved a draft convention and a draft amended model law on the enforcement of settlement agreements reached through international commercial conciliation or mediation. The Working Group elected Ms Natalie Yu-Lin Morris-Sharma from Singapore as Chairperson and Mr Khory McCormick from Australia as Rapporteur.
The aim of the initiative is to implement an international regime for the enforcement of mediated settlements broadly akin to the New York Convention regime for the enforcement of arbitral awards – and thereby increase the attraction of mediation for international litigants, with all its well-known cost efficiencies and other potential benefits.
Although the instruments still need to be finalised by UNCITRAL and then ratified by States, the completion of the drafting stage marks an important development in international commercial dispute resolution.