Narath was a Senior Partner, in Narath & Co. LLP, Company Secretaries. The firm was specializing in mediation and conciliation matters. Mina, one of Narath's assistant, was discussing about Singapore Convention on me
CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2024
Narath was a Senior Partner, in Narath & Co. LLP, Company Secretaries. The firm was specializing in mediation and conciliation matters. Mina, one of Narath's assistant, was discussing about Singapore Convention on mediation. While discussing various aspects of the convention, Narath mentions that there are some instances wherein the convention does not apply. Explain in brief Singapore Convention on mediations and also indicate the instances where it does not apply.
Answer & Explanation:
The Singapore Convention on Mediation, also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, is a multilateral treaty that aims to facilitate the enforcement of international commercial settlement agreements reached through mediation. The convention was signed in Singapore on August 7, 2019, and entered into force on September 12, 2020. The convention is the first global treaty to focus on the enforcement of settlement agreements resulting from mediation, and it aims to provide a harmonized legal framework for the recognition and enforcement of such agreements across different countries. It applies to settlement agreements resulting from mediation of commercial disputes, regardless of the country in which the mediation took place. Under the convention, parties to a settlement agreement can request its enforcement in a country that has ratified the convention. The requesting party must provide evidence that the settlement agreement resulted from mediation and that it is in writing and signed by the parties. Once the settlement agreement is deemed enforceable, it can be enforced in the same way as a court judgment in that country. The Singapore Convention on Mediation applies to settlement agreements resulting from mediation of commercial disputes, regardless of the country in which the mediation took place. However, there are some instances when the convention does not apply. Here are a few examples: Settlement agreements not resulting from mediation: The convention only applies to settlement agreements that result from mediation. It does not apply to settlement agreements that result from other forms of alternative dispute resolution, such as arbitration or conciliation. Non-commercial disputes: The convention only applies to settlement agreements resulting from mediation of commercial disputes. It does not apply to settlement agreements resulting from mediation of non-commercial disputes, such as family disputes or labor disputes. Settlement agreements that are not in writing: To be enforceable under the convention, a settlement agreement must be in writing and signed by the parties. If a settlement agreement is not in writing, it cannot be enforced under the convention. Settlement agreements that are not final and binding: The convention only applies to settlement agreements that are final and binding. If a settlement agreement is not final and binding, it cannot be enforced under the convention. Countries that have not ratified the convention: The convention only applies to settlement agreements in countries that have ratified the convention. If a country has not ratified the convention, the settlement agreement cannot be enforced under the convention in that country.
Topics: International Mediation
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