The Singapore Convention: A Milestone for Mediation
Natalie Y. Morris-Sharma
ABSTRACT
The United Nations Convention on International Settlement Agreements Resulting from Mediation (also known as the 'Singapore Convention on Mediation') is a multilateral treaty on the cross-border enforcement of mediated settlement agreements. The Convention entered into force on 12 September 2020. Not only has the conclusion of the Singapore Convention on Mediation promoted wider awareness and the legitimacy of mediation, the Convention also offers certainty in the outcomes arising from a decision to utilize mediation to resolve a cross-border dispute. International support for the Singapore Convention, in terms of signatories and ratifications, will determine the reach of the cross-border enforcement framework. The implementation of the Singapore Convention, in domestic legislation and by enforcing authorities, will impact how it is further understood and applied. With a view to promoting an informed understanding of the Singapore Convention and its provisions, this article will explore how the Singapore Convention was prepared so that it respects the practice and flexibilities of mediation, and so that potential Parties to the Singapore Convention can take guidance from the Convention text. In particular, this article will explore the Singapore Convention's provisions on general principles, scope of application, form requirements for settlement agreements, grounds for refusing to grant relief, and permissible reservations.