The Singapore Convention on Mediated Settlement Agreements: A New String to the Bow of International Mediation? (original) (raw)
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The Singapore Convention On Mediation: The Dawn Of A New Era For Cross-border Mediation
Journal of Arab Arbitration, 2020
This paper examines the Singapore Convention on Mediation, a United Nations Treaty that came into force in 2020, promising direct enforceability for international mediated settlement agreements (iMSAs). The authors offer a background to the new Convention and explain the mechanics of how it works before taking a deeper dive into three key aspects of the Convention. First they consider the issue of recognition of international mediated settlement agreements. While the term 'recognition' is not expressed in the provisions of the Convention, it is functionally described and the authors analyse this approach from an international, comparative perspective. Next, Convention exclusions relating to iMSAs embedded in court judgments and arbitral awards are examined. Finally, given that a ground to refuse to enforce iMSAs (Article 5(e)) is linked to a breach of mediator standards, the authors explore the controversial issue of mediator standards.
UN Treaty on Mediation signed in Singapore
Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, 2019
The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to the authors' previous article analysing the main provision of the Convention in anticipation of its signing. 1
The Singapore Mediation Convention and International Business Mediation
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Summary The article deals with the International Business Mediation and Singapore Mediation Convention on enforcing cross-border mediated settlement agreements. Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to ADR methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. Mediation Laws in the EU have become one of the regulations bringing out rules that are in conformity with the new developments reflected also in the Singapore Convention on Mediation. Harmonisation initiatives in the EU and in the global world are not confined to intergovernmental activities. The same is also currently ongoing in the field of unification. Also, the private business sector, less restricted by jurisdictional boundaries, is increasingly driving harmonisation in mediation practice and law. As applicable national me...
Violation of Mediators’ Duties as a Ground of Non- Enforcement under the Singapore Convention
Chien-Yu, Long, 2021
In 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”). Article 5(1)(e) and article 5(1)(f) of the Singapore Convention primarily focus on the violation of mediators’ duties as a ground of non-enforcement. Article 5(1)(e) focuses on regulating the misconduct of the mediators while article 5(1)(f) focuses on the disclosure of mediators’ conflict of interest. However, article 5(1)(e) adds the elements of “serious breach” and “causal link” and article 5(1)(f) adds the elements of “material impact or undue influence on a party” and causal link. This article intends to identify the proper interpretation and standard for these additional elements. While, traditionally, the enforceability of the mediation settlement agreements (“MSAs”) is considered to be an issue governed by contract law, this article argues that in interpreting the additional elements, the traditional contract law doctrine is not enough to reflect the purpose of safeguarding procedural fairness of the mediation under article 5(1)(e) and article 5(1)(f) of the Singapore Convention. Rather, the principle of self-determination should guide the interpretation. The principle of self-determination for mediation is broader than the doctrine under contract law. Self-determination involves voluntary entry into the mediation process, active participation, and informed consent to MSAs. Following this logic, other than mutual assent of international mediation settlement agreements (MSAs), the voluntary entry into the mediation process and parties’ active participation should be reflected while applying article 5(1)(e) and article 5(1)(f). In this sense, the principle of self- determination would be a better fit to fulfill the objective of article 5(1)(e) and 5(1)(f) of the Singapore Convention, allowing the enforcing state to scrutinize mediators’ conduct.
The Singapore Convention on Mediation, challenges and opportunities
ADRITALIA, 2022
The Singapore Convention on Mediation (SCM) was signed on August 7, 2019, and came in force on September 12, 2020. Its purpose was the enforceability of international commercial mediation agreements, but, to be effective, the signatory nations must adapt their domestic legal systems and ratify it. Moreover, there are discussions and concerns on the implementation of the convention, the harmonization of the proceeding in different nations, the mediator's code of conduct, the meaning of "the place of business" inside the text of the convention, the possibility of using the proceeding for the investment treaty controversies, the use of technology. All these topics were analysed in the 2nd International Seminar, organized in Seoul, on December 3, 2021, by the KIMC Korea International Mediation Center. South Korea was among the first signatory countries of SCM, even if mediation is not widespread in its territory. However, the Ministry of Justice launched a task force in March 2021, preparing the legislation for the implementation of the convention. .“The more complicated the problems, the simpler the solutions must be. “In the North-West of Scotland, in Glencoe, there is a very tiny island, named the ISLAND OF DISCUSSION only covered by trees and grass. When local people had arguments, they were put on the island together, with cheese, oatcakes and whiskey, to sort out their problems. They couldn’t leave until they came to a mutual agreement. As a result, in over 1,500 years, only 1 murder in the area. “An example to be taken into account !”
SSRN Electronic Journal, 2020
Litigation is a method that people seek to avoid. It is expensive, time consuming, emotionally draining and unpredictable. Thus, alternative dispute resolution mechanisms, such as arbitration and mediation, are becoming more and more popular. As far as mediation is concerned, when a settlement agreement is reached, parties often voluntarily abide by its terms, but sometimes fail to do so. The absence of an international crossborder mechanism to enforce the settlement agreement resulting from mediation was therefore seen as one of mediation's major flaws. More precisely, in order to enforce the settlement agreement resulting from mediation, it was necessary either to homologate it by a notary or a judge so it can be embodied in an authentic instrument or a judgment, or to file an action for breach of contract before the competent authority. In order to overcome this hurdle, and along with the enactment of harmonised international and regional legal instruments regulating mediation, the Convention on International Settlement Agreements Resulting from Mediation was crafted (referred to as the Singapore Convention or the Convention).
A Handbook on the Singapore Convention on Mediation
UNCITRAL Academy Series, 2021
This Handbook on the Singapore Convention on Mediation was prepared by SIDRA for the purposes of the UNCITRAL Academy 2021. It covers a brief introduction to mediation and its benefits, the impact of the Convention and the workings of the Convention.
Kluwer Mediation Blog, 2018
Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful to reflect on the Singapore Court’s attitude towards mediation in light of the introduction of the Singapore Mediation Act (No. 1 of 2017) – which has been in effect since 1 November 2017 – and the emergence of the draft Singapore Convention on Mediation, which is expected to be adopted by the UN General Assembly later this year with a signing ceremony expected in August 2019.
The relations between the Singapore Mediation Convention and the European Mediation Directive
European Studies
Summary This paper deals with the Singapore Convention on Mediation from United Nations General Assembly in December 2018 and signed in Singapore on 7 August 2019. Also with the European Union situation, given by the existence of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. EU States haven’t signed the Singapore Convention on Mediation. This paper is trying to analyse the two instruments, the Directive as a harmonisation instrument, maybe opening the field of the possible usage of the convention and not existing Regulation unifying the legal ground in the EU. The Singapore Convention on Mediation enters into force six months after deposit of the third instrument of ratification, acceptance, approval, or accession. EU is now in the position, where a decision about new Directive, or maybe the acceptance of the convention must be decided with accordance to all the dilemmas of the S...