Podcast
Questions and Answers
Which of the following is a key goal of the Singapore Convention on Mediation?
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.
The Singapore Convention on Mediation applies to family and inheritance disputes.
False (B)
What is the name of the UN body that adopted the amended Model Law related to international commercial mediation?
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.
The Singapore Convention on Mediation refers to the concepts of 'mediation' and '_____' interchangeably.
According to the Singapore Convention, a party seeking to enforce a settlement agreement must provide:
According to the Singapore Convention, a party seeking to enforce a settlement agreement must provide:
A court can refuse to enforce a mediation settlement agreement if one of the parties was under an incapacity.
A court can refuse to enforce a mediation settlement agreement if one of the parties was under an incapacity.
In which year was the Singapore Convention on Mediation's signing ceremony held?
In which year was the Singapore Convention on Mediation's signing ceremony held?
What is the Singapore Convention designed to do?
What is the Singapore Convention designed to do?
When was the Singapore Convention adopted by the UN General Assembly?
When was the Singapore Convention adopted by the UN General Assembly?
Parties must provide evidence that _________________________.
Parties must provide evidence that _________________________.
When may a party refuse to grant relief under the Singapore Convention?
When may a party refuse to grant relief under the Singapore Convention?
__ countries have ratified the Singapore Convention into domestic law.
__ countries have ratified the Singapore Convention into domestic law.
Australia has ratified the Singapore convention.
Australia has ratified the Singapore convention.
Flashcards
Singapore Convention on Mediation
Singapore Convention on Mediation
A multilateral treaty that sets a framework for international commercial settlements reached through mediation.
Mediation
Mediation
A dispute resolution method where a neutral third party helps parties reach a mutually agreeable solution.
Mediation Settlement Agreement
Mediation Settlement Agreement
A legally binding agreement reached through mediation that resolves an international commercial dispute.
International in character
International in character
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Commercial Dispute
Commercial Dispute
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Enforcement of Mediation Settlement Agreement
Enforcement of Mediation Settlement Agreement
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Concepts of Mediation and Conciliation
Concepts of Mediation and Conciliation
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Refusal to Enforce Agreement
Refusal to Enforce Agreement
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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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