Model Law. The efficiency of the model law as an instrument relates to the fact that each State (including Russia) can adopt an appropriate regulation independently of other States. Also, each State has the right to opt out at its own discretion from the provisions of the model law. For comparison, limitations on the adoption of a convention can only be made on a small set of issues. Accordingly, the model law gives States more freedom of action than the convention. It allows for differences between countries better than the convention. Mediation, as a procedure, is less uniform than arbitration because arbitration, by its nature, is an adversarial procedure and, as such, in many significant aspects is 35Article 15(1) of the Law on Mediation. 36 Xxxxxxxx Xxxxxxxxx, ADR in 24 Countries: Mediators and Ombudsmen. xxxx://xxx.xxxxxxxx.xxx/35683774/ADR_in_24_Countries_Mediators_and_Om budsmen_Who_can_mediatie_Is_there_a_law_that_defines_who_can_perform_ mediation (last visited on 4 January 2020). 37A/CN.9/846/ Add. 3, p. 3. 112 Asian Pacific Mediation Journal Vol. 2, No. 1 (2020) analogous to litigation.Mediation, by its nature, constitutes negotiations. As a result, the drawback of the model law is that the legal regulation of the conditions and the procedure for enforcing settlement agreements may vary from country to country. This can lessen legal certainty. At the same time, given the lack of uniform standards of mediation procedure and of uniform rules governing settlement agreements, a model law appears to be a more practical instrument, at least in the short run. It would allow Russia (as well as other States) to better take into account its particular concerns, such as the necessity to efficiently counteract abuses and ensure consistency with regulation of domestic settlement agreements.
Model Law. The AT may rule on its own jurisdiction, including any objections with respect to the existence or validity of the AA. For that purpose, an AC which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.
Model Law. As an alternative to a simple extension of the June 17, 2022 WTO TRIPS decision, USTR could recommend that the WTO publish a model law for exceptions to the enforcement of patent rights. Such a model law should take advantage of the same flexibility in the TRIPS that the U.S. government used during COVID for countermeasures. This can be done without a consensus among WTO members, and would be a more efficient way to address the trade restrictive aspects of Article 31.f than the WTO’s June 17, 2022 decision or the complicated, burdensome and protectionist TRIPS Article 31bis. It would also promote U.S. legal practices as a standard for addressing the need to make access to biomedical technologies more equitable. Sincerely Xxxxx Xxxxxxx Love Knowledge Ecology International
