Can a mediation settlement signed in Estonia be enforced in court or should we plan for arbitration too?
弁護士の回答
Sadekov Law Firm
If mediation fails, arbitration in Estonia (usually via the Estonian Chamber of Commerce and Industry Court of Arbitration) is practical:
Timeline: typically around 6–12 months.
Costs: depending on dispute value and arbitrators.
Enforceability: awards are enforceable internationally under the New York Convention.
Sincerely yours,
Vladimir Sadekov
Attorney at law
Sadekov Law Firm
Hello. Thank you for the enquire. Firstly we need to know what kind of contract are you talking about. In case this is not international carriage of goods or sth specific that requires necessary pre-trial cooperation and claim procedure, Estonian law doesn't prescribe any obligatory procedure for the ADR. This means, to make it enforceable, the parties must have it notarised for immediate enforcement. If one party breaches an agreement that hasn’t been made enforceable, it’s treated like a normal contract, and you’d need to sue or arbitrate for breach.
If mediation fails, arbitration in Estonia (usually via the Estonian Chamber of Commerce and Industry Court of Arbitration) is practical:
Timeline: typically around 6–12 months.
Costs: depending on dispute value and arbitrators.
Enforceability: awards are enforceable internationally under the New York Convention.
Sincerely yours,
Vladimir Sadekov
Attorney at law
Sadekov Law Firm
Hello. Thank you for the enquire. Firstly we need to know what kind of contract are you talking about. In case this is not international carriage of goods or sth specific that requires necessary pre-trial cooperation and claim procedure, Estonian law doesn't prescribe any obligatory procedure for the ADR. This means, to make it enforceable, the parties must have it notarised for immediate enforcement. If one party breaches an agreement that hasn’t been made enforceable, it’s treated like a normal contract, and you’d need to sue or arbitrate for breach.
If mediation fails, arbitration in Estonia (usually via the Estonian Chamber of Commerce and Industry Court of Arbitration) is practical:
Timeline: typically around 6–12 months.
Costs: depending on dispute value and arbitrators.
Enforceability: awards are enforceable internationally under the New York Convention.
Sincerely yours,
Vladimir Sadekov
Attorney at law
Sadekov Law Firm
Hello. Thank you for the enquire. Firstly we need to know what kind of contract are you talking about. In case this is not international carriage of goods or sth specific that requires necessary pre-trial cooperation and claim procedure, Estonian law doesn't prescribe any obligatory procedure for the ADR. This means, to make it enforceable, the parties must have it notarised for immediate enforcement. If one party breaches an agreement that hasn’t been made enforceable, it’s treated like a normal contract, and you’d need to sue or arbitrate for breach.
If mediation fails, arbitration in Estonia (usually via the Estonian Chamber of Commerce and Industry Court of Arbitration) is practical:
Timeline: typically around 6–12 months.
Costs: depending on dispute value and arbitrators.
Enforceability: awards are enforceable internationally under the New York Convention.
Sincerely yours,
Vladimir Sadekov
Attorney at law
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