78B-10-111. International commercial mediation.
(1) In this section:
(a) "International commercial mediation" means an international commercial conciliation
as defined in Article 1 of the Model Law.
(b) "Model Law" means the Model Law on International Commercial Conciliation
adopted by the United Nations Commission on International Trade Law on 28 June 2002 and
recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19
November 2002.
(2) Except as otherwise provided in Subsections (3) and (4), if a mediation is an
international commercial mediation, the mediation is governed by the Model Law.
(3) Unless the parties agree in accordance with Subsection 78B-10-103(3) that all or part
of an international commercial mediation is not privileged, Sections 78B-10-104 through
78B-10-106 and any applicable definitions in Section 78B-10-102 of this chapter apply to the
mediation and nothing in Article 10 of the Model Law derogates from Sections 78B-10-104
through 78B-10-106.
(4) If the parties to an international commercial mediation agree under Article 1, Section
(7), of the Model Law that the Model Law does not apply, this chapter applies.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009