Сінгапурська Конвенція: виклики імплементації

Abstract

Background. Mediation is gradually gaining popularity in Ukraine, and attempts to regulate this procedure have been going on for more than 10 years. Ukraine has signed the Singapore Convention, which updates the relevant theoretical and legal and comparative legal researches.
An analysis of recent research and publications has shown that the available studies reveal more of the role, nature and content of the Convention, without highlighting possible mechanisms for implementing its provisions in national legislation, and this factor leaves an appropriate area for the novelty of our study.
The aim of this article is to identify possible mechanisms for the implementation of the Singapore Convention by Ukraine and to assess the impact of the Convention on the development of mediation.
Materials and methods. The normative base of the study consists of international treaties and UNCITRAL model laws, materials of the UNCITRAL Working Group II, foreign legislation. The methodological basis of the conducted study were general scientific and special legal methods of cognition.
Results. The main reasons and goals of signing the Singapore Convention have been identified, which should be achieved in the implementation of its provisions. The Singapore Convention has been signed by only 52 countries, but this does not limit its role in international trade and economic relations, but shows the cautious attitude of states to the implementation of the mechanism of enforcement of agreements concluded through mediation, especially in view of the unequal level of popularity and legal regulation of mediation in different states.
The procedure of Singapore's implementation of the Convention is analyzed and it is concluded that the text of the Singapore law literally repeats the text of the Convention, and certain peculiarities of implementation are noted. According to the analysis of the text of the Singapore Convention, it can be stated that the signing and its entry into force will promote the development of mediation at the public and private levels.
Conclusion. The Singapore's experience in ratifying and implementing the Singapore Convention demonstrates the real achievement of its goals. The indirect impact of the Singapore Convention on national legal systems and the development of mediation activity is also desirable and necessary.
The full implementation and ratification of the Singapore Convention in Ukraine is possible only with the adoption of the Law of Ukraine «On Mediation»and a balanced approach to the introduction of the procedure for implementation of international agreements on disputes resolution based on mediation. One of the most acceptable options is to amend the Civil Procedure Code of Ukraine and supplement Section IX Recognition and Enforcement of Decisions of Foreign Courts, International Commercial Arbitration with articles that will provide a similar procedure for international agreements on dispute resolution based on mediation.