Enforcement Of Settlement Agreements

Some States have adopted laws that provide for an expedited procedure that transforms settlement agreements into enforceable judgments or arbitral awards. The Swiss Code of Civil Procedure (Article 217) and the Italian Decree on Mediation in Civil and Commercial Disputes (28/2010) are good examples of this type of right of empowerment. Whether the law in question covers IMSA depends to a large extent on the legislation in question. It became clear that the treatment and applicability of IMSA should not focus on the date of appointment of an arbitrator to confer arbitrator status on the conciliation agreement. It is time to abandon the legal fiction created between the approval judgments that were issued after , unlike what happened before – after the opening of arbitration proceedings. The terms of these agreements are concluded primarily without court control, and the court has little or no influence on the content and form of the settlement agreement. The date of appointment of the Tribunal therefore has only a limited impact on the content of an IMSA. Instructions on the application of a settlement concluded before the commencement of proceedings can be found in the practice note: application of settlement agreements concluded before the appeal. it is a serious breach by the Mediator of the standards or mediation applicable to the Mediator, without which a party would not have concluded the settlement agreement As the New York Convention does not describe what an enforcement procedure should be. . . .