ARTICLE 8 – RESERVATIONS 1. A Party to the Convention may declare that: (a) It shall not apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party, to the extent specified in the declaration; […]

ARTICLE 6 – PARALLEL APPLICATIONS OR CLAIMS If an application or a claim relating to a settlement agreement has been made to a court, an arbitral tribunal or any other competent authority which may affect the relief being sought under article  4, the competent authority of the Party to the Convention where such relief is […]

ARTICLE 5 – GROUNDS FOR REFUSING TO GRANT RELIEF 2. The competent authority of the Party to the Convention where relief is sought under article 4 may also refuse to grant relief if it finds that: (b) The subject matter of the dispute is not capable of settlement by mediation under the law of that […]

ARTICLE 5 – GROUNDS FOR REFUSING TO GRANT RELIEF 2. The competent authority of the Party to the Convention where relief is sought under article 4 may also refuse to grant relief if it finds that: (a) Granting relief would be contrary to the public policy of that Party; or   Find the introduction and […]

ARTICLE 5 – GROUNDS FOR REFUSING TO GRANT RELIEF 1. The competent authority of the Party to the Convention where relief is sought under article 4 may refuse to grant relief at the request of the party against whom the relief is sought only if that party furnishes to the competent authority proof that: (f) […]

ARTICLE 4 – REQUIREMENTS FOR RELIANCE ON SETTLEMENT AGREEMENTS 1. A party relying on a settlement agreement under this Convention shall supply to the competent authority of the Party to the Convention where relief is sought: (a) The settlement agreement signed by the parties; (b) Evidence that the settlement agreement resulted from mediation, such as: […]

ARTICLE 2: DEFINITIONS 3. “Mediation” means a process, irrespective of the expression used or the basis upon which the process is carried out, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons (“the mediator”) lacking the authority to impose a solution upon the parties […]

ARTICLE 2: DEFINITIONS 2. A settlement agreement is “in writing” if its content is recorded in any form. The requirement that a settlement agreement be in writing is met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference. Find the introduction and context of this […]

ARTICLE 2: DEFINITIONS 1. For the purposes of article 1, paragraph 1: (a) If a party has more than one place of business, the relevant place of business is that which has the closest relationship to the dispute resolved by the settlement agreement, having regard to the circumstances known to, or contemplated by, the parties […]

ARTICLE 1: SCOPE OF APPLICATION 3. This Convention does not apply to: (a) Settlement agreements:        (i) That have been approved by a court or concluded in the course of proceedings before a court; and         (ii) That are enforceable as a judgment in the State of that court; (b) […]