header-logo header-logo

Signed but not sealed

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

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

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
back-to-top-scroll