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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll