Question
Facts: A firm of Structural Engineers (Strong LLP - a limited liability partnership established in accordance with the laws of the State of Florida of
Facts:
A firm of Structural Engineers ("Strong LLP" - a limited liability partnership established in accordance with the laws of the State of Florida of the United States of America and who maintains a representative office at 888 Circle Centre, Kwun Tong, Hong Kong) were allegedly negligent in providing advice to a South Korean company in Seoul for a tunnel project in Vietnam ("K-Star" - a company incorporated in Hong Kong and whose registered office is at 12th Asia Finance Centre, Central, Hong Kong).
K-Star instigated litigation in the Hong Kong Courts against Strong Ltd (a subsidiary of Strong LLP whose offices is at 888 Circle Centre, Kwun Tong, Hong Kong) and Strong LLP. The litigation is at the stage of discovery and the exchange of documentation between the parties. The Pre-trial review is scheduled to take place on 20 December 2019 before a Deputy High Court Judge. K-Star is claiming losses of HK$ 80,000,000 dollars. Strong LLP denies such alleged negligence and prides itself of providing excellent professional services at a competitive price. Strong LLP and Strong Ltd are refusing to pay K-Star HK$ 80,000,000 dollars and counter claims K-Star for outstanding payments for services provided of HK$ 20,000,000. K-Star and Strong LLP together with its Hong Kong office Strong Ltd have agreed to mediate their difference. The Parties conducted the mediation on 14 and 15 November 2019 and the settlement terms are as follows: Strong LLP and Strong Ltd agree to pay K-Star HK$ 50,000,000 dollars. Strong LLP and Strong Ltd do not admit liability. K-Star will dismiss the Action against Strong LLP and Strong Ltd in the High Court. Parties agree to keep matters of their mediation strictly confidential.
I needssuggestions for how to draft an enforceable mediated settlement agreement between K-Star, Strong LLP and Strong Ltd that can be enforced under the United Nations Convention on International Settlement Agreements resulting from Mediation.
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