International Commercial Disputes - Singapore Convention
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Questions and Answers

Which of the following is a key goal of the Singapore Convention on Mediation?

  • To promote litigation as the primary method for resolving commercial disputes
  • To exclude family and inheritance law from mediation
  • To provide an efficient cross-border mechanism for enforcing agreements reached through mediation (correct)
  • To increase the number of international trade disputes
  • The Singapore Convention on Mediation applies to family and inheritance disputes.

    False

    What is the name of the UN body that adopted the amended Model Law related to international commercial mediation?

    UNCITRAL

    The Singapore Convention on Mediation refers to the concepts of 'mediation' and '_____' interchangeably.

    <p>conciliation</p> Signup and view all the answers

    According to the Singapore Convention, a party seeking to enforce a settlement agreement must provide:

    <p>Evidence that the agreement resulted from mediation</p> Signup and view all the answers

    A court can refuse to enforce a mediation settlement agreement if one of the parties was under an incapacity.

    <p>True</p> Signup and view all the answers

    In which year was the Singapore Convention on Mediation's signing ceremony held?

    <p>2019</p> Signup and view all the answers

    What is the primary purpose of the Singapore Convention on Mediation?

    <p>To provide a framework for the international enforcement of mediated settlement agreements.</p> Signup and view all the answers

    What is the Singapore Convention designed to do?

    <p>It is designed to minimise the impact of international trade disputes and addresses the absence of cross-border enforcement mechanisms for mediation agreements.</p> Signup and view all the answers

    When was the Singapore Convention adopted by the UN General Assembly?

    <p>December 2018</p> Signup and view all the answers

    Parties must provide evidence that _________________________.

    <p>the agreement has resulted from a mediation</p> Signup and view all the answers

    When may a party refuse to grant relief under the Singapore Convention?

    <p>A serious breach of mediation standards</p> Signup and view all the answers

    __ countries have ratified the Singapore Convention into domestic law.

    <p>14</p> Signup and view all the answers

    Australia has ratified the Singapore convention.

    <p>False</p> Signup and view all the answers

    Study Notes

    International Commercial Disputes - Singapore Convention

    • Designed to streamline the enforcement of international commercial agreements reached through mediation
    • Aims to reduce disputes and promote mediation as an alternative to arbitration or litigation
    • The UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018) was adopted
    • The Singapore Convention on Mediation was adopted in December 2018 by the UN General Assembly
    • The convention, known as the Singapore Convention, was formally signed in September 2019
    • 57 countries, including the USA, China, India, and South Korea, have either signed or ratified the convention into their domestic law

    Key Criteria for Agreements Covered

    • International: The settlement agreement must have an international character
    • Commercial: The dispute must not pertain to family, inheritance, or employment law
    • Non-Judgmental/Arbitral: The agreement cannot be a consequence of a judgment or arbitral award

    Mediation Settlement Agreements

    • These agreements can be enforced directly by the competent authorities of a party state, following established procedures
    • Evidence showing the agreement resulted from mediation can be presented if a future dispute arises
    • A party state can decline to enforce an agreement if a party lacked capacity at the time, the agreement isn't binding/void/inoperative, it cannot be carried out, or if enforcement would violate the state's public policy.
    • Mediation agreement enforcement can be refused if the mediator acted improperly, failed to disclose conflicts, or if impartiality is questioned

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    Description

    Explore the Singapore Convention on Mediation, designed to enhance the enforcement of international commercial agreements through mediation. Learn about the key criteria that make an agreement eligible under this convention, which aims to promote mediation as a preferred alternative to litigation and arbitration. Discover its significance in reducing disputes and its adoption by various countries.

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