Comparative Study of the Capabilities and Shortcomings of Singapore Convention and New York Convention on Mediationand Arbitration

In the twentieth century, with the success and expansion of international trade, the necessityof considering a suitable mechanism for resolving disputes, particularly in the internationaldimension, became a key concern for maintaining trade relations as well as maintaining thecontract, so that despite the global pessimism about arbitration, arbitration and mediationwere regarded as a way to resolve conflicts in a short term, especially in international tradedisputes. On June ۲۶, ۲۰۱۸, United Nations Commission on International Trade Law(UNCITRAL) ratified Singapore Convention on international mediation agreements, and theUNCITRAL’s plan about international trade mediation and international mediationagreements on dispute resolution was modified. Ratification of this convention was aimed atestablishing a binding legal system besides an efficient framework and legal context for theexecution of international mediation agreements. Previously, with the expansion of the use ofarbitration as a dispute resolution means, ratification of New York Convention was regardedas one of the most successful international treaties in this arena. In general, the currentresearch aims to respond to the main philosophy of the conclusion as well as the scope of eachof the two New York and Singapore Conventions by an analytical and reasoning method inorder to express the position of these treaties in resolving conflicts and disputes and discussthe similarities and differences between them on mediation through examining theirstrengths and weaknesses.

کلیدواژه ها:

Singapore Convention ، New York Convention ، Arbitration ، Dispute Resolution ، Execution of the Arbitrator’s Decision ، Trade Disputes