The seminar will cover the mechanism available for enforcing mediation agreement in Hong Kong and other jurisdiction. The discussion will mainly focus on “voluntariness” and execution of mediation agreement. The discussion will also include the application of “good faith” principle in making mediation agreement binding. In this regards example will be drawn from mediation as the sole means of resolving dispute and also as one of the modes of resolving dispute under a multi-layered dispute resolution agreement.

The current situation of enforcement of meditated agreement in domestic as well as cross-border jurisdictions will also be covered. In this context the rationale behind current proposal or discussion in United Nations Commission on International Trade Law (“UNCITRAL”) with regards to cross border of enforcement of mediated agreement will be discussed. A recent survey, and questions of the survey, in support of cross border enforcement of mediated agreement will be discussed in details.