INSOL International has established an ADR Colloquium to promote and foster the use of all forms of mediation techniques and skills, including but not limited to mediation, arbitration and all other forms of alternative dispute resolution.
Typically, the application of these techniques involves processes of facilitation or mediation, by which one or more people may be appointed to:
• assist a distressed debtor and its creditors to develop a plan for restructuring purposes; or
• to provide independent assistance in the resolution of particular disputes arising in an insolvency or restructuring context; or
• to provide a framework for the determination of cross-border issues, such as the development of a cross-border protocol.
In addition, out of court determinative procedures (such as arbitration or adjudication) also come within the scope of the Colloquium’s mandate. The use of such procedures on a consensual basis may often facilitate a more prompt resolution.
In countries that have enacted legislation adopting the UNCITRAL Model Law on Cross Border Insolvency, INSOL International takes the view that there is much to be said for the court using its powers under Article 27(a) to appoint a person or body to act at the direction of the court to facilitate resolution or narrowing of issues. This may assist the court to address the core disputes without delay. This approach will also assist courts in developing jurisdictions to achieve the efficient, effective, and principled resolution of cross border disputes.
More recently, the adoption and ratification of the United Nations Convention on International Settlement Agreements Resulting from Mediation provides a further impetus for mediation. It serves as recognition of the value for international trade of mediation as a method for settling commercial disputes.
The co-chairs of the INSOL ADR Colloquium are Paul Heath QC from New Zealand and Felicity Toube QC from London. Anyone interested in assisting with the development of this project should contact one of them or Susannah Thomson at INSOL International.
Singapore Mediation Convention Week Supplementary Paper
Mediation in the Context of Cross Border Insolvency Disputes