Analyze and Explain the Scope of Singapore Mediation Convention

Topic: Analyze and Explain the Scope of Singapore Mediation Convention

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 Analyze and Explain the Scope of Singapore Mediation Convention

TABLE OF CONTENTS

TABLE OF CONTENTS................................................................................................................2

INTRODUCTION...........................................................................................................................3

FEATURES OF THE CONVENTION...........................................................................................4

ANALYSIS....................................................................................................................................10

Critique of the Convention........................................................................................................10

Benefits of the Convention........................................................................................................11

Indian Perspective......................................................................................................................12

CONCLUSION..............................................................................................................................14

BIBLIOGRAPHY..........................................................................................................................17

Conventions...............................................................................................................................17

Statutes and Rules......................................................................................................................17

Reports.......................................................................................................................................17

Websites.....................................................................................................................................18

Legal Databases.........................................................................................................................18

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 Analyze and Explain the Scope of Singapore Mediation Convention

INTRODUCTION
The United Nations Commission on International Trade Law (UNCITRAL) in June 2018 had
approved the final drafts of the “The Singapore Convention on Mediation1”. The Singapore
Convention was a by -product of the debates, discussions and negotiations that occurred due to
the proposition made by the United States of America, proposing to develop a multilateral
convention with the objective of promoting enforceability of international commercial settlement
agreements arrived at by mediation. The idea was on the similar lines as the New York
Convention which facilitates in recognizing and enforcing of international arbitral awards2. The
need of this Convention was felt due to lack of harmonized approach of the enforcement of
settlement agreements entered through mediation both in practice and in legislation. In
December 2018 the United Nations General Assembly adopted, authorized the signing as well
assented to the nomenclature of the Convention. As of September 1 st 2020, the Convention has a
total of 53 signatories and 6 countries who have ratified the same 3. September 12th 2020 marked
as the day for the Convention coming into force. The Singapore Convention seeks to encourage
businesses to resolve cross-border commercial disputes outside of court. It aims to give
businesses more confidence in opting for mediation to resolve commercial disputes by providing
a uniform international framework to enforce mediated settlement agreements4.

FEATURES OF THE CONVENTION

A. Scope of Application5: As per article 1 of the Convention it will apply to international

commercial settlement agreements resulting through mediation. These agreements can be
enforced cross border as well by directly applying to the courts of the country of the parties
to the agreement. This is possible for countries that have ratified and signed the Convention
and is beneficial as the parties will no longer have to enforce the settled agreements as a
1
United Nations, Report of UNCITRAL, Fifty-first session (25 th June-13th July,2018), UNCITRAL, UN
Doc.A/73/17(2018), Annex I.
2
Planned and Possible Future Work- Part III, Proposal by the Government of the United States of America: Future
Work for Working Group II, Note by the Secretariat, UNCITRAL, UN Doc.A/CN.9/822 (2014).
3
Singapore Convention on Mediation enters into force; Dated 12th September 2020.
https://www.singaporeconvention.org/media/media-release/2020-09-12-singapore-convention-on-mediation-enters-
into-force (accessed on 2nd October 2020)
4
Singapore Convention on Mediation; “The Convention Text” available at
https://www.singaporeconvention.org/convention/the-convention-text/ (accessed on 4th October 2020)
5
Article 1, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN New
York 2019.

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 Analyze and Explain the Scope of Singapore Mediation Convention

contract which has to be modified in accordance to the laws of the particular Country.
Exception to the application are:

The Convention willnot apply to agreements settled or concluded for

family, personal, or household disputes by one of the parties.

It will not apply to inheritance, employment or family agreements.

Exception

It will not have its application on international settlement agreements

concluded in a arbitral or judicial court

It will also not apply to to agreements which are enforceable as a court

judgment or as an arbitral award.

B. Flexible enforcement6: As per article 3 of the Convention every state enforcing the
settlement agreement has to abide by the rules and procedure laid under the convention.
However the Convention has refrained from laying down a specific mode of enforcement yet
has provided guidance on conditions to be fulfilled for enforcement. This is in consonance
with the New York Convention however it is a step ahead than the EU Directive 7 which does
not lay the mode or procedure aside from 2 conditions for enforcement. The author feels that
as the word recognition is not mentioned in article 3 (2) of the Convention which states : “
“invoke the settlement agreement in accordance with its rules of procedure and under the
conditions laid down in [the Singapore Convention],in order to prove that the matter has
been already resolved” will not a detrimental factor in the field of enforcement as seen under
the guidance of various international conventions like the New York Convention, the
absence of one particular stringent method of enforcement does not act as a hindrance in the
process of successfully enforcing the agreement. Thus this feature acts as beneficial element
in supporting widespread applicability of the Convention8.

6
Article 3, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN New
York 2019
7
Directive 2008/52/EC of the European Parliament and of the Council of 21May2008 on Certain Aspects of
Mediation in Civil and Commercial Matters,2008,Official Journal of the European Union(L136).
8
Jessica Seah, Market hails UN Convention on Mediation, September 14, 2020.

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 Analyze and Explain the Scope of Singapore Mediation Convention

C. Essential requirements for enforcement9: As per article 4 of the Convention the party to the
settlement for enforcement need to provide the following to the competent authority (of their
country): a) Settlement agreement signed by all the parties; b)proof or evidence that the said
settlement agreement is a result of mediation. The scope of the word evidence is wide but it
includes signature of the mediator on the document showcasing that the process of mediation
was undertaken, attestation by the institute which undertook the execution of mediation.
There are situations where the abovementioned proofs are not adequate or sufficient or
available. In such scenarios any other evidence acceptable and valid in the eyes of the
competent authority will suffice. As we are living in the technological world and
unprecedented times like these where the physical meeting and conducting of business has
become difficult, this convention acts as breather as it provides electronical form such as
signatures or sessions as a valid evidence.

It is important to note that the Convention gives requirements of enforcement as the

agreement can be a result of mediation or negotiation unlike in arbitration cases which has
one mode of arrival. However still there is no stringent requirements, as we have seen above
that every country’s competent authority has been given freedom to accept evidence as they
feel is valid. This element accommodates all the varied circumstances that may arise.

D. Enforcement Defences10: as per article 5 (1) of the Convention it states that the competent
authority or the state can only refuse to enforce the said settled agreement if the following
grounds can be proved:

(a) A party to the settlement agreement was under some incapacity;

(b) The settlement agreement sought to be relied upon:

i. Is null and void, inoperative or incapable of being performed under the law to
which the parties have validly subjected it or, failing any indication thereon, under
the law deemed applicable by the competent authority of the Party to the
Convention where relief is sought under article 4;

9
Article 4, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN New
York 2019
10
Article 5, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019

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 Analyze and Explain the Scope of Singapore Mediation Convention

ii. Is not binding, or is not final, according to its terms; or

iii. Has been subsequently modified;

(c) obligations in the settlement agreement:

i. Have been performed; or

ii. Are not clear or comprehensible;

(d) Granting relief would be contrary to the terms of the settlement agreement;

(e) There was a serious breach by the mediator of standards applicable to the mediator or
the mediation without which breach that party would not have entered into the settlement
agreement; or

(f) There was a failure by the mediator to disclose to the parties circumstances that raise
justifiable doubts as to the mediator’s impartiality or independence and such failure to
disclose had a material impact or undue influence on a party without which failure that
party would not have entered into the settlement agreement.

Clauses 5 (1) (a) to (c) are on the same lines as provision under New York Convention with
required modifications required for the process of mediation. From clause 5 (e) and (f) it can be
interpreted that these provision relation to strict breach of mediation standards and failure to
disclose circumstances without which the particular party would not have entered into the
agreement of settlement. Further in article 5(2) states that the settlement agreements that are
against or violate public peace and policy will not be enforced. Such agreements are usually
entered between state parties or agents or those parties that have state interest involved in their
working.

Previous drafts before the convention was finalized and accepted, defence with respect to
mediator’s failure to provide fair and impartial treatment towards the parties or withholding
material facts and information which will highly affect the decisions of the parties. In the process
of mediation, as there exists less fixed procedures, it is difficult to assess whether the mediator
was impartial or not. Also the feature of confidentiality when individual parties talk with the
mediator and certain information is not to be disclosed to the other party plays a huge obstacle in
the act of maintaining impartiality during the process. Thus it was concluded that the role of
mediator in finalizing the settlement agreement needed to be acknowledged and this is possible

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 Analyze and Explain the Scope of Singapore Mediation Convention

due to these defences even if it is difficult to prove that there was impartiality in the process. It is
highly important to have these defences at the stage of enforcement only because unlike other
process it is very difficult reverse or change or challenge the conduct of the mediator or the
entire process. I the present provisions there is an element of comprise that is being reflected. It
can be explained in 3 ways:

1. The scope of defences is limited to situations where the mediator’s misconduct or failure
of duty to disclose that he or she had a direct impact on the process of settlement and the
settlement agreement, knowing which either party would not have consented to
mediation.

2. Next, the provisions aims to adjust the text of the defences mentioned above, to be able to
highlight the extraordinary or exceptional situations that can arise. The provision by
using words like ‘material and ‘serious’ tries to engulf all such scenarios.

3. Lastly the material text assisting the instrument i.e. the Convention, it provides and
illustrative list of examples and scenarios that are accepted as applicable standards.

E. Parallel application11: As per article 6 of the Convention, it a particular settlement

agreement has already been applied as a claim or any claim which is similar to the claim of
the settlement agreement and it has been made to the court, or any arbitral tribunal or any
other competent state authority which will have an effect on the relief that is being sought
under article 4, then the authority may adjourn the claim and also demand suitable and
judicious security for the same,

F. Other laws12: As per article 7 it clearly and explicitly states that this Convention will not
deprive any interested party to the settlement agreement , of any right that they may have to
avail for enforcement and to the extent permitted by the law o the treaties of the Party to the
Convention.

11
Article 6, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019
12
Article 7, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019

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 Analyze and Explain the Scope of Singapore Mediation Convention

G. Reservations13: As per article 8, it ensures the integrity of the Singapore Convention on

Mediation by providing for reservations that are:

(a) It shall not apply this Convention to settlement agreements to which it is a party, or to
which any governmental agencies or any person acting on behalf of a governmental agency
is a party, to the extent specified in the declaration;

(b) It shall apply this Convention only to the extent that the parties to the settlement
agreement have agreed to the application of the Convention.

The reservations mentioned above relate to the applicability of the Convention to the
agreements in which one the parties is a state government or any government agency or
their representatives. It was observed that providing a blanket exclusion to the government
or its agencies would defeat the purpose of the Convention as they also are involved in
commercial transactions and disputes. Therefore the existence of reservations came into
picture. Further the article provides the manner in which such reservations and declarations
have to be submitted. An official depository for the Convention is the Secretary- General of
the United Nations.

H. Economic Integration Organizations14: as per Article 12 0f the C0nventi0n, a regi0nal

ec0n0mic integrati0n 0rganizati0n which is c0nstituted by the state, will have the same
rights as any 0ther State Party t0 the C0nventi0n. This implies that the 0rganizati0n in its
individual capacity can assent and ratify the C 0nventi0n and als0 claim rights as a Party t0
the C0nventi0n. H0wever while assenting the 0rganizati0n is required t0 make a declarati0n
the depository that specifying the matters g 0verned by this C0nventi0n in respect 0f which
c0mpetence has been transferred t0 that 0rganizati0n by its member States. 0ne 0f the
unique feature is the clause 12 (4), which states that the C0nventi0n will n0t prevail 0ver the
c0nflicting rules 0f the regi0nal ec0n0mic integrated 0rganizati0n. This feature is s0mewhat
c0nfusing the dilemma is discussed bel0w by the author.

13
Article 8, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019
14
Article 12, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019

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 Analyze and Explain the Scope of Singapore Mediation Convention

I. Non-unified Legal Systems15 : Article 13 of the Convention states that if any party to the
Convention has two or more territorial states that have different law and order being
practiced, then under such a scenario the State can provide a declaration stating to what all
territories the Convention can apply to. Further the Party to the Convention can alter such
declaration whenever they wish to.

J. Entry into force16: As per article 14 the state which has ratified or accepted the Convention,
it will be applicable only after 6 months from the date of the 3 rd instrument provided for
ratification to the Convention. Thus it can be observed that there is 6 months gap for the
Convention to be applicable to the settled agreements to be enforced as per the norms and
provisions.

K. Amendments17: As per article 15 any party to the convention can submit amendments to the
Convention by applying to the Secretary- General of the United Nations. Then the Secretary
will communicate the proposed amendment to the Parties of the Convention who then decide
whether there is a need to vote on the proposed amendment or not.

L. Denunciations18: As per article 16 any party to the Convention can denounce its ratification
or acceptance to the Convention by writing to the depository i.e. the Secretary General of the
United Nations. The effect of the denunciation so made will take effect 12 months after the
date on which the denunciation was made. The Convention will continue to apply to
settlement agreements settled before the denunciation takes effect, therefore it can be
inferred that it is applicable in that 12 months waiting period as well.

15
Article 13, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019
16
Article 14, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019
17
Article 15, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019
18
Article 16, United Nations Convention on International Settlement Agreements Resulting from Mediation, UN
New York 2019

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 Analyze and Explain the Scope of Singapore Mediation Convention

ANALYSIS
Critique of the Convention
1. A treaties effective if it is accepted widely. Its effectiveness depends 0n the widespread
acceptance as it is kn0wn that internati0nal law has value and imp0rtance 0nly if
c0nsented t0, 0therwise it’s just a piece 0f legislati0n. Presently it is assented by 0nly 53
signat0ries which c0mpared t0 0ther c0nventi0n such as the UNCITRAL M0del Law 0n
Internati0nal C0mmercial Arbitrati0n19. Theref0re in 0rder t0 be effective and s0lve the
issue 0f enf0rcement 0f settlement agreements cr0ss b0rder the C0nventi0n need t0 be
ratified by maj0rity c0untries.

2. An0ther drawback is the lack 0f uptake 0f the C0nventi0n in c0untries like Australia,
United Kingd0m, Eur0pean Uni0n etc. It is believed that EU hasn’t assented t 0 the
C0nventi0n due t0 the presence 0f Directive 0f the Eur0pean Parliament and 0f the
C0uncil 0f 21 May 2008 0n certain aspects 0f mediati0n in civil and c0mmercial matters
(the Eur0pean Mediati0n Directive) attempts t0 achieve a similar 0utc0me t0 the
C0nventi0n within the EU. Am0ng 0ther things, the Eur0pean Mediati0n Directive
required EU Member States t0 “ensure that it is p0ssible f0r the parties, 0r f0r 0ne 0f
them with the explicit c0nsent 0f the 0thers, t0 request that the c0ntent 0f a written
agreement resulting fr0m mediati0n be made enf0rceable”.

3. There is an element 0f vagueness in Article 5 (1) (d) as it limits the sc 0pe 0f applicati0n
the C0nventi0n. 0ne 0f the defences under article 5 is that the c 0mpetent auth0rity 0f the
state that is enf0rcing the settlement agreement believes that the enf0rcement w0uld
defeat the purp0se 0f the 0f the agreement 0r is c0ntrary t0 the terms 0f agreement. Thus
it can be that the parties will be all 0wed t0 0pt 0ut 0r c0ntract 0ut 0f the enf0rcement 0f
the settlement agreement by inserting a clause regarding it in their agreement20.

4. As discussed ab0ve in analysis, Article 12 0f the C0nventi0n talks ab0ut participati0n 0f

regi0nal ec0n0mic integrati0n 0rganizati0ns. Article 12(4) pr0vides that the Singap0re

19
Latham & Watkins International Arbitration Practice; Client Alert Commentary ‘The Singapore Mediation
Convention: Will it Enhance Mediation’s Effectiveness?’, 18th September 2020.
20
Report of Working Group I (Dispute Settlement) on the work of 68 th session, UNCITRAL, UN Doc. A/CN 9/934
(2015).

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 Analyze and Explain the Scope of Singapore Mediation Convention

C0nventi0n “shall n0t prevail 0ver c0nflicting rules 0f a regi0nal ec0n0mic integrati0n
0rganizati0n” if the settlement agreement is s0ught t0 be relied 0n in a member state, and
the states inv0lved that make the mediati0n “internati0nal” under Article 1 0f the
Singap0re C0nventi0n are member states. The enf0rcement regime under the Singap0re
C0nventi0n w0uld theref0re be subject t0 any additi0nal prec0nditi0ns imp0sed by
ec0n0mic integrati0n 0rganisati0ns. regi0nal 0rganisati0ns, such as 0btaining the
c0unterparty’s c0nsent, as required under the EU Directive 0n Mediati0n, bef0re a
settlement agreement may be relied 0n.

Benefits of the Convention

1. The challenge that was faced f0r l0ng in enf0rcing the mediati0n agreements, as they
unlike the c0urt judgments 0r arbitral awards, can be enf 0rced c0ntractually and 0n
c0nsent basis. Theref0re after the c0ming 0f the C0nventi0n there exists a cr0ss- b0rder
pr0cedure, systems and standards that can make enf0rcing settlement agreements
sm00thly and with0ut any hassle.
2. The C0nventi0ns main 0bjective is t0 facilitate the rise and gr0wth 0f internati0nal
c0mmercial transacti0ns, business dealings and n0t 0nly am0ngst private parties but als0
am0ngst states, their agents and representatives21. Thus the use 0f Mediati0n is pr0m0ted
and accepted in the internati0nal sphere.
3. An0ther key benefit is the pr0cess 0f mediati0n. It is a well-kn0wn and established fact
that mediati0n is a cheaper and faster pr 0cess t0 res0lve disputes and t0 arrive at
amicable s0luti0n which are benefiting b0th the parties. Thus it can be c0nsidered as a
win-win situati0n.
4. It is als0 0bserved that s0lving disputes via mediati0n reduces the chances 0f ending the
c0mmercial relati0nship at a s0ur n0te, as the parties m0stly manage t0 arrive at the
beneficial c0mpr0mise22. Further we can say that mediati0n is a pr0cess that
c0mplements 0ther m0des 0f dispute res0luti0ns like litigati0n, arbitrati0n, neg0tiati0n,

21
Timothy Schnabel, The Singapore Convention on Mediation: A Framework f0r the Cross-Border Recognition and
Enforcement of Mediated Settlements, 19 PEPP. DISP. RESOL. L.J. 1, 60 (2019).
22
S. I. Strong, Beyond International Commercial Arbitration? The Promise of International Commercial Mediation,
45 Wash U.J.L & Poly 011 (2014) : https://openscholarship.wustl.edu/law_journal_law_policy/vol45/iss1/7/
(accessed on 4th October)

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 Analyze and Explain the Scope of Singapore Mediation Convention

c0nciliati0n etc, as this can be used in c0njuncti0n t0 res0lve disputes and reach t0 an
amicable s0luti0n.

Indian Perspective

With the ever increasing manifold of the legal disputes in India, there is a dire need to have a
formal code on mediation which can help in reducing this backlog as well as provide a platform
for parties to reach an amicable solution in faster and economical manner.
It is clear that there is n 0 specific c0de designated t0 mediati0n which lays d0wn the standards 0r
pr0cedures 0f the same. But it cann0t be said that the pr0cess is n0t being f0ll0wed 0r practiced
in an inf0rmal manner 0r under the guidance 0f 0ther pr0visi0ns existing. This pertains t0
the Panchayat System widely prevalent in the rural areas 0f the sub-c0ntinent23. 0ther than this,
the C0urts in India as per secti 0n 89 0f the Civil Pr0cedure C0de24 read with 0rder X (1A) 0f the
C0de25 may direct the parties t0 a dispute t0 attempt t0 settle their dispute thr0ugh
Arbitrati0n/C0nciliati0n/Mediati0n. Sub-secti0n 2(d) 0f secti0n 89 0f the Civil Pr0cedure C0de
pr0vides that if the dispute has been referred t0 Mediati0n, the C0urt shall effect a c0mpr0mise
and such pr0cedure as has been prescribed shall be f0ll0wed. This al0ng with the Mediati0n and
C0nciliati0n Rules 0f 2004 are the key and 0nly existing relevant legal language pertaining t0
Mediati0n in India.

Prime Minister gave assent t0 the Singap0re C0nventi0n 0n Mediati0n 0n 31st July 201926, thus
marking an incentive f0r India t0 draft and c0me up with a pr0per dedicated text f0r the pr0cess
0f mediati0n in India. The need f0r a pr0per c0de was felt in the recent infam0us case 0f
Ay0dhya Ram Mandir, where the c0urt had referred t0 mediati0n f0r res0lving the c0mplex
issues between the c0mmunity. An0ther instance is in the area 0f m0t0r vehicle accidents, as 0ur
c0untry faces this issue and the number 0f cases pertain t0 r0ad accident cases is alarming. It was
discussed by the Supreme C0urt 0f India, when in March 2019, the c0urt directed the
23
Ankur Khandelwal, 'Assessing the Scope of Mediation in India: Upholding the Principles of Justice', Asian
Dispute Review, (© Hong Kong International Arbitration Centre (HKIAC); Hong Kong International Arbitration
Centre (HKIAC) 2010, Volume 12 Issue 2) pp. 52-56
24
Civil Procedure Code, 1908
25
Ibid
26
Cabinet approves signing of the UN Convention on International Settlement Agreements resulting from mediation
by India; https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1580824 (accessed on 4th October 2020)

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 Analyze and Explain the Scope of Singapore Mediation Convention

g0vernment t0 assess the p0ssibility 0f enacting a M0t0r Accident Mediati0n Auth0rity in every
district27. This w0uld ensure in get the remedy t0 victims in a faster manner rather than the
litigati0n been dragged 0n f0r ages. w0rth citing is the Supreme C0urt's act 0f referring Thus,
these examples sh0w that the C0urt are in fact realizing the imp0rtance 0f Mediati0n.

Importance for
India

Ease of doing Increase the

commercial business confidence of foreign
between the parties investors

Thus for Indian society the Convention can be beneficial in:

1. Providing an environment of ease for conducting and entering into commercial

transactions. Thus it will boost the commercial aspect as well. There will be swift and
smooth mediation of the commercial disputes.

2. As the Convention governs international or cross border settlement agreements, therefore

it will increase the confidence and trust of the foreign investor entering into a commercial
transaction, due to the ease of solving the disputes and arriving at an amicable solution.

CONCLUSION

The Singap0re C0nventi0n has huge p0tential t0 impact the future 0f internati0nal dispute
res0luti0n especially in Asia, where mediati0n is c0nsidered as a valuable t00l. It c0nsidered
valuable because its c0st effective; m0re efficient and all0ws the parties t0 g0 away each

27
Drishti; ‘Singapore Convention on Mediation; Why in News?’ https://www.drishtiias.com/daily-updates/daily-
news-analysis/singapore-convention-on-mediation (accessed on 4th October 2020)

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 Analyze and Explain the Scope of Singapore Mediation Convention

believing that they have g0t a s0luti0n that w0rks f0r them. It als0 maintains the business
relati0nship.

There is als0 an feature where the C0nventi0n acts as a supplement and n0t a threat t0 arbitrati0n
pr0cedures as there are AMA pr0t0c0ls which are basically arb-med 0r med-arb pr0cedures
where b0th the pr0cesses are undertaken in 0rder t0 achieve an amicable s0luti0n. Further as per
the Gl0bal P0und C0nference28 series a rep0rt was published, stating that the n 0n-adjudicative
pr0cesses features in the t0p 3 m0des t0 impr0ve and s0lve future c0mmercial disputes.

In the auth0r’s 0pini0n the C0nventi0n is a missing piece finally put t0gether in the series 0f the
Internati0nal C0nventi0ns. As discussed ab0ve the similarities and the differences between the
New Y0rk C0nventi0n 0n Arbitrati0n 0r The Hague C0nventi0n 0n Ch0ice 0f C0urt
Agreements29 0r the Eur0pean Mediati0n Directive. Thus this C0nventi0n fills that lacuna which
existed f0r l0ng f0r enf0rcing cr0ss- b0rder mediati0n agreements.

Thus after analysing the provisions, critiquing the lacks and understanding the benefits the
Convention can be described in these 3 words:

International or cross Business or commercial

Flexibility of the Process
border transactions

Internati0nal 0r Cr0ss B0rder: The c0nventi0n theref0re fills this gap by pr0viding an
internati0nal framew0rk f0r the direct enf0rcement 0f mediated settlement agreements in
signat0ry states with0ut the need f0r parties t0 initiate fresh pr0ceedings, which they w0uld
0therwise have t0 d0 in acc0rdance with dispute res0luti0n clauses set 0ut in th0se settlement
agreements. Fr0m an enf0rcement perspective, the c0nventi0n all0ws parties t0 sidestep the
c0mplexities and uncertainties regarding ch0ice 0f law and enf0rcement issues caused by
unc00rdinated c0ntracts at different levels 0f the supply chain.

28
Global Pound Conference Series, 2018 : https://www.pwc.com/gx/en/forensics/gpc-2018-pwc.pdf (accessed on
5th October 12;30pm)
29
Hague Convention on Choice of Court Agreements, June 30, 2005, available at
http://www.hcch.net/upload/conventions/ txt37en.pdf (accessed on 4th October 2020).

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Business Transacti0ns: The c0nventi0n 0nly applies t0 c0mmercial mediated settlement

agreements and d0es n0t apply t0 settlement agreements that relate t0 family, inheritance 0r
empl0yment law, in line with its f0cus 0n business-t0-business disputes.
Flexibility of the Process: Mediati0n als0 pr0vides parties with the flexibility t0 carry 0ut
discussi0ns in any f0rmat (virtually, in writing 0r in pers0n), making it easier f0r businesses t0
participate in virtual mediati0n sessi0ns with0ut having t0 incur the c0sts and time ass0ciated
with travelling t0 physical venues.
This may entice s0me parties t0wards using mediati0n as a standal0ne mechanism t0 res0lve
their disputes. That said, mediat0rs w0uld need t0 be c0mf0rtable with managing mediati0n
0nline as well as be adr0it in managing the virtual platf0rm.

The Singap0re C0nventi0n has the p0tential t0 address the c0ncerns with enf0rceability and
all0w the p0sitive attitudes t0wards mediati0n t0 lead t0 gr0wth in the actual use 0f mediati0n. It
is imp0rtant that internati0nal c0mmercial disputes be settled quickly and efficiently, given the
expectati0n 0f an increase in the number 0f disputes in w0rld and especially Asia, where the
trade initiatives such as the ASEAN Economic Community, China’s Belt and Road Initiative 30,
and the Comprehensive and Progressive Agreement for Trans Pacific Partnership. It w 0uld als0
be in the interests 0f the numer0us Asian dispute res0luti0n instituti0ns t0 have greater
rec0gniti0n and enf0rcement 0f internati0nal mediated settlement agreements.

30
China’s Belt and Road Initiative in the global trade, investment and finance landscape, OECD Report (Business
and Finance Outlook) 2018.

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 Analyze and Explain the Scope of Singapore Mediation Convention

BIBLIOGRAPHY
Conventions
1) United Nations Convention on International Settlement Agreements Resulting from
Mediation, UN New York 2019 (a.k.a Singapore Convention on Mediation)
2) Hague Convention on Choice of Court Agreements, 2005
3) European Parliament and of the Council of 21 May 2008 on Certain Aspects of
Mediation in Civil and Commercial Matters

Statutes and Rules

1) Civil Procedure Code, 1908
2) Mediation and Conciliation Rules, 2004

Reports
1) Ankur Khandelwal, 'Assessing the Scope of Mediation in India: Upholding the Principles
of Justice', Asian Dispute Review, (© Hong Kong International Arbitration Centre
(HKIAC); Hong Kong International Arbitration Centre (HKIAC) 2010, Volume 12 Issue
2) pp. 52-56
2) Timothy Schnabel, The Singapore Convention on Mediation: A Framework for the
Cross-Border Recognition and Enforcement of Mediated Settlements, 19 PEPP. DISP.
RESOL. L.J. 1, 60 (2019).
3) S. I. Strong, Beyond International Commercial Arbitration? The Promise of International
Commercial Mediation, 45 Wash U.J.L & Poly 011 (2014)
4) United Nations, Report of UNCITRAL, Fifty-first session (25 th June-13th July,2018),
UNCITRAL, UN Doc. A/73/17(2018), Annex I.

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 Analyze and Explain the Scope of Singapore Mediation Convention

5) Planned and Possible Future Work- Part III, Proposal by the Government of the United
States of America: Future Work for Working Group II, Note by the Secretariat,
UNCITRAL, UN Doc. A/CN.9/822 (2014).
6) Jessica Seah, Market hails UN Convention on Mediation, September 14, 2020.
7) Latham & Watkins International Arbitration Practice; Client Alert Commentary ‘The
Singapore Mediation Convention: Will it Enhance Mediation’s Effectiveness?’, 18 th
September 2020.
8) Report of Working Group I (Dispute Settlement) on the work of 68th session,
UNCITRAL, UN Doc. A/CN 9/934 (2015).
9) Global Pound Conference Series, 2018 : https://www.pwc.com/gx/en/forensics/gpc-2018-
pwc.pdf (accessed on 5th October 12:30pm)
10) China’s Belt and Road Initiative in the global trade, investment and finance landscape,
OECD Report (Business and Finance Outlook) 2018.

Websites
1) Drishti; ‘Singapore Convention on Mediation; Why in News?’ available
athttps://www.drishtiias.com/daily-updates/daily-news-analysis/singapore-convention-
on-mediation (accessed on 4th October 2020)
2) Singapore Convention on Mediation; “The Convention Text” available at
https://www.singaporeconvention.org/convention/the-convention-text/ (accessed on 4th
October 2020)

Legal Databases

1) SCC Online
2) Manupatra
3) Hein Online
4) WestLaw
5) JSTOR

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