{"id":32853,"date":"2022-03-01T11:29:05","date_gmt":"2022-03-01T10:29:05","guid":{"rendered":"https:\/\/eimediacion.edu.es\/?p=32853"},"modified":"2022-03-01T11:31:13","modified_gmt":"2022-03-01T10:31:13","slug":"mediacion-internacional","status":"publish","type":"post","link":"https:\/\/eimediacion.edu.es\/eng\/ser-mediador\/noticias-escuela-mediacion\/mediacion-internacional\/","title":{"rendered":"The architecture of international mediation in the United Nations Commission on International Trade Law"},"content":{"rendered":"

1. The strategic importance of the UNCITRAL Model Law<\/strong><\/h2>\n\n\n\n

UNCITRAL (acronym in English for the United Nations Commission on International Trade Law) has prepared a Model law<\/a>, which has become the international reference <\/strong>most important for international commercial mediation. Although it does not have binding legal force, it is a meeting point for international mediation standards. But, in addition, many States have incorporated the Model Law into their domestic legislation, either in its entirety or with the necessary adaptations.<\/p>\n\n\n\n

In fact, the UNCITRAL Model Law has been incorporated into the regulation of Belgium, Croatia, Hungary, Slovenia and Luxembourg. <\/strong>Also in the modification that was made Albania <\/strong>on its previous regulation. UNCITRAL considers that the regulation of France,<\/strong> <\/strong>Switzerland and Montenegro <\/strong>has been influenced by the Model Law. In America, countries such as Honduras and Nicaragua. <\/strong>The situation of Canada and the United States <\/strong>It is peculiar because they are federal states, whose states or provinces have powers in the matter. This has given rise to a \u201csquared harmonization\u201d phenomenon. In United States and Canada <\/strong>Uniform laws have been approved so that the different states or provinces can harmonize their legislation at the federal level if they consider it appropriate. But, in turn, these US and Canadian uniform laws incorporate the UNCITRAL Model Law, so the different states and provinces that incorporate the aforementioned uniform standards are also contributing to international harmonization.<\/p>\n\n\n\n

In Asia, the Model Law has been incorporated by Bhutan and Malaysia. <\/strong>In Africa, UNCITRAL considers that the legislation of Cameroon and Equatorial Guinea. <\/strong>But, without a doubt, as will be seen below, the main influence of the UNCITRAL model law has materialized in the OHADA <\/strong>(French acronym for the Organization for the Harmonization of Business Law in Africa). <\/em>By grouping this organization <\/strong>to 17 African States, has had an expansive effect of the UNCITRAL Model Law. Neither New Zealand <\/strong>neither Australia <\/strong>appear as States that have followed in the wake <\/strong>of the UNCITRAL Model Law.<\/p>\n\n\n\n

2. Regulatory development<\/strong> by UNCITRAL<\/strong>: the Rules, Notes and the Singapore Convention<\/strong><\/h2>\n\n\n\n

Along with the Model Law, in 2021, UNCITRAL has published some Notes on mediation<\/a>, whose purpose is \u201cto help the parties better understand mediation.\u201d They do not, therefore, impose any binding legal obligation nor lend themselves to being used as mediation regulations, nor do they promote a specific style, practice or method of mediation. However, apart from this pedagogical purpose, basically the Notes have a minimum harmonizing function<\/strong>, so that they can become an international minimum standard on the concept and operation of mediation. <\/p>\n\n\n\n

In fact, UNCITRAL does want them to \u201cbe used in a general and universal manner,\u201d so that the parties and the mediator can use them, \u201cto the extent they deem appropriate.\u201d This nature has a double consequence. <\/p>\n\n\n\n