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The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an 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 role of confidentiality in granting relief for international mediated settlement agreements;
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;
possibilities for Contracting States to declare reservations;
court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and
domestic mediation legislation including domestic laws that implement the Singapore Convention.
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 an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
