header-logo header-logo

19 September 2019 / Michael Fletcher
Issue: 7856 / Categories: Features , Profession , ADR , Mediation
printer mail-detail

Signed but not sealed

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll