{"id":155631,"date":"2021-12-22T20:39:08","date_gmt":"2021-12-22T15:09:08","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=155631"},"modified":"2021-12-22T20:39:08","modified_gmt":"2021-12-22T15:09:08","slug":"singapore-convention-on-mediation","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/singapore-convention-on-mediation\/","title":{"rendered":"Singapore Convention on Mediation"},"content":{"rendered":"<p><strong>About Mediation: <\/strong>It is a process for discussing and resolving disputes outside the courts.<\/p>\n<ul>\n<li>It is a party-driven process whereby the mediator\u2019s role is not to adjudicate, but rather to facilitate discussions between disputing parties to arrive at a mutually acceptable solution.<\/li>\n<li>It is flexible, confidential, and in many instances, more cost and time efficient than other dispute resolution processes such as litigation and arbitration.<\/li>\n<\/ul>\n<p><strong>About Singapore Convention on Mediation:<\/strong><\/p>\n<ul>\n<li>It applies to <strong>international settlement<\/strong> agreements resulting from <strong>mediation<\/strong>, concluded by parties to <strong>resolve a commercial dispute.<\/strong>\n<ul>\n<li>For the purposes of the Convention, the terms \u2018mediation\u2019 and \u2018conciliation\u2019 can be taken to be interchangeable.<\/li>\n<\/ul>\n<\/li>\n<li>It is the first UN treaty to be named after Singapore.<\/li>\n<\/ul>\n<p><strong>Origin<\/strong>&#8211; The Convention was finalised at the <strong>51st UNCITRAL Commission session<\/strong>, which came to a close in July 2018.<\/p>\n<ul>\n<li style=\"list-style-type: none\">\n<ul>\n<li>In December 2018, the UNGA, by consensus, passed a resolution to adopt the <strong>United Nations Convention on International Settlement Agreements Resulting from Mediation<\/strong>, recommended that the Convention be known as the \u201c<strong>Singapore Convention on Mediation<\/strong>\u201d.<\/li>\n<li>The Convention <strong>entered into force in 2020.<\/strong><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><strong>Member Status of Convention- Original members- <\/strong>46 countries, including the United States and China \u2013 as well as China, <strong>India<\/strong> and South Korea \u2013 signed the Convention on the day it opened for signature.<\/p>\n<ul>\n<li style=\"list-style-type: none\">\n<ul>\n<li>As of 22 December 2021, the Convention has <strong>55 signatories<\/strong>, of which <strong>eight are parties<\/strong>(India is not among the 8 of the parties) to the Convention.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><strong>Parties to the SCM can make the following reservations when signing the SCM:<\/strong><\/p>\n<ul>\n<li>To qualify that the Convention would not be applicable to settlement agreements to which its government or other public entities are a party.<\/li>\n<li>To adopt an opt-in approach which provides that the Convention only applies to the extent that the disputing parties agree to its application.<\/li>\n<\/ul>\n<p><strong>Eligibility of the dispute<\/strong>: The mediation settlement agreement must be international, commercial in character.<\/p>\n<ul>\n<li>The Convention does <strong>not apply to<\/strong> settlement agreements that are enforceable as a judgement or arbitral award.<\/li>\n<\/ul>\n<p>The <strong>competent authority<\/strong> of a Party state to the SCM <strong>may refuse to grant relief<\/strong> on the <strong>grounds<\/strong> laid down in the SCM, including:<\/p>\n<ul>\n<li>If the settlement <strong>agreement is not binding, null and void, inoperative<\/strong> or incapable of being performed <strong>under the law to which it is subjected<\/strong>, or has been subsequently modified.<\/li>\n<li>If there was a <strong>serious breach by the mediator in terms of applicable mediator standards,<\/strong> or failure to disclose circumstances that raise doubts as to mediator impartiality or independence, without which the party would not have entered into the agreement.<\/li>\n<li>If <strong>granting relief<\/strong> would be <strong>contrary to the public policy<\/strong> of the Party state.<\/li>\n<li>Only if party furnishes to the competent authority proof that a <strong>party<\/strong> to the settlement agreement was under some <strong>incapacity<\/strong>.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>About Mediation: It is a process for discussing and resolving disputes outside the courts. It is a party-driven process whereby the mediator\u2019s role is not to adjudicate, but rather to facilitate discussions between disputing parties to arrive at a mutually acceptable solution. It is flexible, confidential, and in many instances, more cost and time efficient&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/singapore-convention-on-mediation\/\">Continue reading <span class=\"screen-reader-text\">Singapore Convention on Mediation<\/span><\/a><\/p>\n","protected":false},"author":10335,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-155631","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/155631","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10335"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=155631"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/155631\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=155631"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}