Enforcement of International Mediated Settlements without the Singapore Convention on Mediation

Abstract

This paper considers how international mediated settlement agreements can be enforced without the Singapore Convention on Mediation. Although the Singapore Convention on Mediation represents an important contribution to facilitate resolution of cross-border disputes through mediation, it will take time before there are enough signatories to make a significant impact. Additionally, in deciding whether or not to become a signatory to the Singapore Convention on Mediation or to opt out of it if given the option, jurisdictions and potential users of mediation will need to be aware of what the available alternatives are. This paper discusses these alternatives, taking into account common law, civil law and other international instrument approaches to enforcement.

Keywords: Singapore Convention on Mediation; international commercial arbitration; international commercial mediation; private international law