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Singapore Convention - What are your thoughts?

Do you believe that the advent of the Singapore Convention (facilitating the enforcement of mediated settlement agreements amongst treaty signatories) will result in an increase in the number of cross-border mediations? Why or why not?

Please provide your thoughts/comments below.

Comments (4)

William Pastor:

Yes, cross-border mediations will increase. Participation in mediation takes time and effort. Assuming that one is mediating in good faith (versus putting on an act due to some requirement to mediate), one wants to reach a settlement, and by extension wishes that settlement to be final.

Therefore, to the extent that any law increases the certainty of that outcome, the law furthers and encourages the mediation process.

Kevin Callahan:

The Singapore Convention applies specifically to disputes arising from international commercial transactions and will therefore likely increase the number of cross-border mediations in this area. This is largely because the Singapore Convention resolved an important concern in the settlement of international commercial disputes. After a settlement agreement has been reached following mediation, it is possible that one party will fail to comply with the terms. In such cases the Singapore Convention makes it easier and less costly for the injured party to enforce the initial agreement. As a result, the increased ease of enforcement will incentivize the use of mediation.

The Singapore Convention SHOULD help increase the usage of mediation if an agreement would be legally enforceable in many countries it would not have been before. However, mediation still faces the persistent obstacle of general ignorance among the public and resistance among the legal profession.

Deanne Wilson:

Logically, the answer should be a resounding "YES!" I have been told, however, that Singaporean lawyers have a corner on Singapore arbitration and wonder if the same concept would apply to mediations, despite the increased enforceability of mediated agreements. Time will tell..

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