Syria Talks Stutter

Just days after Syrian talks in Geneva began to try and end five years of war, the United Nations mediator called for a temporary pause for three weeks due to differences between government and opposition delegations on the priority of humanitarian issues. UN Special Envoy Staffan de Mistura asked for an immediate implementation of a humanitarian initiative before substantive talks started. He stressed both sides insist they are interested in having the political process begin and set February 25th for the next session. Mediator de Mistura made clear he is under no illusions about the difficulties in ending a war that has killed over 250,000 people, sent over 4 million fleeing the country, displaced 6.5 million internally, and put 13.5 million people inside the country in urgent need of humanitarian aid. Reportedly, he expected posturing, walk-outs and disappointments. However, he was not frustrated, but rather determined, yet realistic. He emphasized the UN cannot allow simple procedural matters to "become more important than actually the results of humanitarian situation of the Syrian people who have been waiting for us to deliver this time, not a conference, but something concrete for them.” Talks between the sides are not face-to-face but indirect, with parties caucusing in different rooms. The International Syria Support Group (ISSG) comprising the Arab League, the European Union, the United Nations, and 17 countries including the United States and Russia, laid the groundwork for the Geneva talks at a meeting last fall. Hopefully, there will be progress to report later in the month. See more here from www.un.org-- bit.ly/1QfpGzz

UNCITRAL & International Settlements

The United Nations Commission on International Trade Law (UNCITRAL) was established by United Nations General Assembly Resolution 2205 in 1966 to promote the progressive harmonization and unification of international trade law. Lack of framework for the enforcement of settlement agreements is why international parties are often reluctant to resort to mediation, notwithstanding its effectiveness as a method of ADR. In order to promote mediation and solidify the enforceability of settlement agreements, efforts by UNCITRAL are underway to find a solution. Last summer, during a session of UNCITRAL that took place in New York, a proposal to undertake work on the preparation of a convention on the enforceability of international commercial settlement agreements reached through mediation/conciliation was put forward to UNCITRAL by the United States. Accordingly, Working Group II (WGII)-- one of six working groups established by UNCITRAL, specifically relating to arbitration and conciliation-- was assigned to perform the substantive preparatory work. This group was requested to consider the proposal and report back to UNCITRAL on the feasibility and possible form of work in that area. During a recent session of UNCITRAL that took place in Vienna, WGII reported to UNCITRAL a summary of its findings, its concerns and recommendations. UNCITRAL approved giving WGII a mandate to work on the topic of enforcement of settlement agreements resulting from international commercial conciliation. Reportedly, the mandate given by UNCITRAL to the WGII is broad enough to include different possible forms of work, namely: (i) a guidance text, (ii) a model legislative provisions, and perhaps most significantly, (iii) a convention. It will be interesting to see what develops as a result of this important work. See more here-- http://bit.ly/1Xbd9no and http://www.uncitral.org/uncitral/en/commission/working_groups/2Arbitration.html