The Singapore Convention on Mediation: A Commentary

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, and
• 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.

List of Contributors and ResearchersAn IntroductionArticle 1. Scope of ApplicationArticle 2. DefinitionsArticle 3. General PrinciplesArticle 4. Requirements for Reliance on Settlement AgreementsArticle 5. Grounds for Refusing to Grant ReliefArticles 5(1)(a)–(d). Contract-Related Grounds for RefusalArticles 5(1)(e)–(f). Mediator Conduct-Related Grounds for RefusalArticle 5(2). Public Policy and Subject Matter-Related Grounds for RefusalThree Reflections on Article 5Article 6. Parallel Applications or ClaimsArticle 7. Other Laws or TreatiesArticle 8. ReservationsArticle 9. Effect on Settlement AgreementsArticle 10. DepositaryArticle 11. Signature, Ratification, Acceptance, Approval, AccessionArticle 12. Participation by Regional Economic Integration OrganizationsArticle 13. Non-unified Legal SystemsArticle 14. Entry into ForceArticle 15. AmendmentArticle 16. DenunciationsAppendix A – United Nations Convention on International Settlement Agreements Resulting from MediationAppendix B – UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting fromMediation, 2018 (amending the UNCITRAL Model Law on International Commercial Conciliation, 2002)Appendix C – Mediation ClausesAppendix D – International Mediation Institute (IMI) Model RulesAppendix E – Singapore International Mediation Centre (SIMC) Mediation RulesAppendix F – Singapore International Mediation Institute (SIMI) Code of Professional Conduct for SIMI Mediators