Analysis of Grounds to Refuse the Enforcement of Settlement Agreements Resulting from Mediation under Singapore Convention

The enforcement of settlement agreements Resulting from mediation was one of the concerns about mediation as an alternative method of resolving disputes arising from international trade relations. The UN Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention) was adopted with a view to grant enforceability to these agreements in the member states in 2018. The obligation of the competent authorities of Parties to the Convention to grant relief is met with exceptions. These exceptions can prevent the enforcement of settlement agreements under Article 5 of the Convention in four aspects: the general rules of contract, the standards governing the conduct of the mediator, public policy and, ultimately, the incapability of subject matter to be settled by mediation. In this article, the above-mentioned four aspects are analyzed by analytical-descriptive method and the scope of each of the exceptions and defenses is explained. Study of these aspects indicates that the existence of the exceptions as a guarantee of the rule of domestic law over dispute settlement agreements is necessary.