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Michael Fletcher considers the impact & reach of the Singapore Convention on Mediation
- The Convention’s scope and what needs to happen within some more important jurisdictions before it becomes law.
- Views on some of the difficulties that may arise and on the extent of its potential impact.
Mediation allows parties in dispute, assisted by a neutral mediator, to negotiate and resolve their differences. Anything giving it greater credibility and enforceability is therefore welcome. Accordingly, the fanfare which greeted the signing of the Singapore Convention on Mediation (the ‘Convention’) by 46 nations last month was unsurprising.
It is vital that commercial parties to international contracts can enforce dispute outcomes overseas. This is why the New York Convention, which provides for the recognition and enforcement of arbitral awards internationally, has proved so important for cross-border arbitration.
It is equally vital that settlement agreements arising from mediation are enforceable internationally. Otherwise, they are just agreements that may need to be litigated overseas if they are not honoured. If settlement agreements are less enforceable than a court judgment or an arbitral award, litigants
