Содержание
- 2. Contents Drafting mediated settlement agreements (MSAs) Enforcing and challenging MSAs
- 3. 1. Drafting MSAs Example Parties A and B reach an agreement with the help of mediator
- 4. 1. Drafting MSAs Drafting In general, the parties’ legal counsel draft the MSA Where the parties
- 5. 1. Drafting MSAs Drafting See, e.g., CEDR Model Mediation Procedure Section 9 according to which “[t]he
- 6. 1. Drafting MSAs Drafting Sometimes only an agreement in principle is reached and it may not
- 7. 1. Drafting MSAs Contents Most MSAs will contain the following clauses: Identification of parties Settlement terms
- 8. 1. Drafting MSAs Identification of the parties Generally, only the parties to the dispute are parties
- 9. 1. Drafting MSAs Terms of settlement The terms of settlement may include: Obligations of the parties
- 10. 1. Drafting MSAs Legal/arbitral proceedings Where proceedings are pending, the parties must provide for the termination
- 11. 1. Drafting MSAs Legal/arbitral proceedings Where no proceedings are pending, the parties must exclude the possibility
- 12. 1. Drafting MSAs Enforcement of MSA (optional) This issue may be addressed In connection with the
- 13. 1. Drafting MSAs Confidentiality (optional) See, e.g., CEDR Model Settlement Agreement Art. 8 Note, however, that
- 14. 1. Drafting MSAs Applicable law/dispute resolution What are the options for the parties? What considerations should
- 15. 2. Enforcing and challenging MSAs Example Parties A and B reach a mediated settlement agreement whereby
- 16. 2. Enforcing and challenging MSAs Contract claims Where the MSA is not adopted in any other
- 17. 2. Enforcing and challenging MSAs Contract claims MSAs are thus enforced as contracts and their enforcement
- 18. 2. Enforcing and challenging MSAs Contract claims Where a party resists enforcement on contract law grounds,
- 19. 2. Enforcing and challenging MSAs Contract claims The enforcement of the MSA, however, does not typically
- 20. 2. Enforcing and challenging MSAs Other legal forms MSAs may be adopted in other forms: Court
- 21. 2. Enforcing and challenging MSAs Court orders In court-annexed mediation, a court may adopt the MSA
- 22. 2. Enforcing and challenging MSAs Court orders In France, for example: Courts will only verify the
- 23. 2. Enforcing and challenging MSAs Court orders A number of mediation laws provide for specific (judicial)
- 24. 2. Enforcing and challenging MSAs MSAs as arbitral awards Where arbitration proceedings are pending at the
- 25. 2. Enforcing and challenging MSAs MSAs as arbitral awards But what if no arbitration proceedings are
- 26. 2. Enforcing and challenging MSAs MSAs as arbitral awards Under some laws, the parties may establish
- 28. Скачать презентацию