Gracious Timothy is an Advocate, principally focusing on commercial arbitration and litigation. He is also an Accredited Mediator empaneled by the Indian Institute of Arbitration and Mediation (IIAM). He is also the Ambassador of the Young Mediator’s Initiative (YMI) by the International Mediation Institute (IMI), and an YMI Blogger for Kluwer Mediation Blog. He is the Global Ambassador of CDRC Vienna, and Chairs the Young Global Ambassador Program (YGAP). Gracious is also a member of the Advisory Committee for Lex Infinitum: International Dispute Resolution Competition, India. He is the Founding Trustee of the Peacekeeping and Conflict Resolution Trust (also known as the PACT) which is an organization being nurtured with the sole aim of breaking down barriers and inspiring people to explore consensual as an appropriate conflict resolution option.
The Downside of Arb-Med-Arb Procedures(08/21/15)
The AMA procedure is not the end of the line. Enforcement of settlement agreements is cited as a crucial aspect and the AMA procedure is not completely geared up for it looking at its many downsides. It would be more desirable and feasible to prepare a uniform model provision on enforcement of mediated settlement agreements that would be universally acceptable.
The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation(07/30/15)
In February 2015, the U. N. Commission on International Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation) met in New York to consider the case for a Convention on the recognition and enforcement of international settlement agreements achieved through mediation. The task was to report on feasibility and the possible form of work in that area. The Working Group did receive several comments from states on the need; the status of settlements; possible exceptions; and the technical feasibility of this new convention. This article collectively summarises the questions underlying possible harmonized solutions.