The Government of the United States, at the margin of the forty-seventh session of UNICITRAL submitted in support of the commission’s future work on international commercial conciliation a proposal consisting of addressing the enforceability of settlement agreements resulting from international commercial conciliation. Subsequently, the Working Group II on Arbitration and Conciliation presented a report on its work on the subject and the Commission recommended, during its forty-eight session, that the Working Group II commence work on the subject and identify relevant issues and develop possible solutions including the preparation of a convention, model provisions and guidance texts. Since February 2015, the Commission has been collecting comments from governments and has been progressively compiling the same through various reports. The Working Group II will again meet between 7-11 September 2015 in Vienna to discuss existing legal frameworks under which settlement agreements can be enforced, the issues underlying the enforceability of settlement agreements as well as the possible forms of work. 

So far, UNICITRAL has collected comments from many countries including, India, United States, Israel, Armenia, Australia, Belarus, Brunei, Canada, Colombia, Cyprus, Ecuador, Egypt, Germany, Hungary, Indonesia, Japan, Mauritius, Norway, Republic of Congo, Korea, Singapore, Slovakia, Sweden, Thailand, Turkey, Australia, China, Georgia, Paraguay, Poland, Portugal, Algeria, Cameroon, Chile, Mexico, Philippines, Qatar, Spain Switzerland, Viet Nam, Czech Republic.

This shows a very poor participation of African States in the process. Only Algeria, Egypt, Republic of Congo, Cameroon and Mauritius have provided comments to the Commission on this very important topic, which may bear significance consequences for African countries, since international law will be made without taking into account the specificities of their national legal frameworks.

  • Why the majority of African States does not respond? Is it due to lack of knowledge or lack of coordination?
  • How to address this problem?

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