Singapore Convention on Mediation
The Singapore Convention on Mediation, formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, is an international treaty that provides a uniform and efficient framework for the recognition and enforcement of mediated settlement agreements in resolving international commercial disputes.
It serves a similar role for mediation as the 1958 New York Convention does for arbitration.
- Adopted: 20 December 2018 (UN General Assembly)
- Opened for Signature: 7 August 2019
- Entered into Force: 12 September 2020
- First Three Ratifications: Singapore, Fiji, Qatar
Background
- The idea emerged during a February 2014 public meeting of the U.S. State Department's Advisory Committee on Public International Law, when Professor S.I. Strong proposed work on a treaty for international enforcement of mediation agreements.
- June 2014: The United States, led by Attorney-Advisor Timothy Schnabel, submitted a proposal to the United Nations Commission on International Trade Law (UNCITRAL).
- The proposal was referred to UNCITRAL Working Group II for development.
- 25 June 2018: Text finalized by UNCITRAL.
- 20 December 2018: Adopted by the UN General Assembly.
- 7 August 2019: Opened for signature in Singapore, with a record 46 countries signing on the first day, including both the United States and China.
Participation
- As of 19 April 2024:
- Signatories: 57 states
- Ratifications/Approvals: 12 states
Purpose and Scope
- Applies to international commercial disputes resolved through mediation.
- Enables cross-border enforcement of mediated settlement agreements without requiring re-litigation.
- Complements existing international dispute resolution mechanisms such as arbitration.
Key Features
- Direct enforcement mechanism similar to arbitral awards under the New York Convention.
- Applicability: Only to commercial agreements, not to personal, family, inheritance, or employment disputes.
- Exceptions: Allows refusal of enforcement under certain conditions (e.g., public policy concerns, procedural defects).