The Singapore Convention on Mediation: A Commentary
Nadja Alexander & Shouyu Chong, The Singapore Convention on Mediation: A Commentary, Wolters Kluwer, Alpen aan den Rijn (2019)
Singapore Management University School of Law Research Paper No. 6/2020
Posted: 3 Jun 2020 Last revised: 22 Jun 2020
Date Written: October 10, 2019
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In this first comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with analysis of potential controversies and authoritative clarifications of particular provisions.
The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law, types of settlement agreements that fall within the scope of the Convention, how the Convention’s enforcement mechanism works, the meaning of ‘international’ and the absence of a seat of mediation, the Convention’s approach to recognition and enforcement of international mediated settlement agreements, the grounds for refusal to grant relief under the Convention, mediator misconduct as a ground for refusal to grant relief, the impact of the Convention on private international law, the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration, possibilities for Contracting States to declare reservations.
This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is sure to become an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
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