Significance of UNCITRAL Deliberation and Draft Convention and India՚s Issue Resolution

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India՚s participation in the deliberations at the United Nations Commission. International Trade Law (UNCITRAL) . Commercial disputes can be resolved through mediation also apart from courts and arbitration.

  • Formulation of principles on which countries should recognise and enforce mediation agreements arising from cross-border disputes.
  • The countries will have a consistent framework for enforcing mediation agreements made in other countries. Once the principles are formulated by UNCITRAL.

UNCITRAL Draft Convention Working

  • To recognise domestic mediation the convention will link laws adopted by countries thereby extending the conventions beyond their boundaries.
  • Mediation is defined as a process whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person (the mediator) .
  • The court will review the settlement agreement once it comes up before it.
  • Once the agreement has been reviewed the court has to enforce the agreements on the agreed terms.
  • Court assistance for enforcement is not required for mediated settlement agreements since the terms of settlement have been chosen and determined by the parties.

Concerns for India

  • Loss of substantial earnings as a result of international disputes.
  • International transactions involve the application of different laws.
  • Various policy gaps arising from the mediation process involving cross-border disputes.

Draft Convention and India՚s Issue Resolution

  • Dispute resolution in India will be encouraged by strengthening the dispute resolution policies.
  • Legal frameworkbusinesses will be encouraged to consider mediation in managing and resolving disputes.
  • Facilitate legal reform to ease dispute resolution.

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