The effectiveness of the agreements resulting from international mediation

Abstract

The effectiveness of the agreements resulting from international mediation is regulated in a substantially different way depending on whether a public title is required (EU publicist model) or a merely private agreement is sufficient (privatist model of UNCITRAL). This tension between legal models affects the attribution of effects of the agreements, their recognition and their possible avoidance. Nowadays, this legal regime is built on partial and fractional responses, which have generated a somewhat chaotic scene.