Convention On International Settlement Agreements Resulting From Mediation

On 12 September 2020, the United Nations Convention on International Mediation Settlement Agreements (Singapore Convention) enters into force. The agreement builds on three years of discussions on the application of international comparisons between 85 member states and supports the mediation process and its role in the international settlement of trade disputes. It is at the forefront of the direct application of mediation agreements (MSAs) and was born from the desire to deal with the application of comparisons made as part of the mediation process. However, until the introduction of the Singapore Convention, the lack of an effective and harmonised framework for the cross-border application of settlement agreements resulting from mediation was an often mentioned challenge for the use of mediation. In response to this need, the Singapore Convention was developed and adopted by the United Nations. Therefore, the entry into force of the Convention is more than timely. While the current accession by the signatories and the historical experience of the New York Convention in promoting arbitration worldwide is something to be learned from, it seems very positive for the future of mediation and the Singapore Convention. There is no doubt that the Convention is an important step towards the growth and development of mediation worldwide and to offer a viable alternative to the current impasse in dispute settlement. Proof that the settlement was the result of mediation could be the Mediator`s signature on the comparison document, a document signed by the Mediator attesting that the mediation was carried out, a certificate from the institution that conducted the mediation or, in the absence of any other evidence acceptable to the competent authority. . . .

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