UK signs the Singapore Convention on Mediation
Published on 3rd Jul 2023
The UK signed the Singapore Convention on Mediation on 3 May 2023 and ratification is planned for 2024.
The Singapore Convention on Mediation establishes a uniform framework for the effective recognition and enforcement of commercial mediated settlements across borders. If a party has a mediated settlement agreement, it can apply directly to the competent authority of a party to the convention to enforce the agreement. Although "competent authority" is not defined in the convention, the current assumption is that this would usually be a court.
The competent authority can only refuse to enforce in limited circumstances (such as if the agreement was void or subsequently amended). In the absence of the convention, a party would have to bring foreign court proceedings to enforce the agreement. This would usually be for a breach of contract (that is, a settlement agreement) claim.
The convention is only effective if a country has ratified it. Of the 56 signatories, only eleven have ratified so far: Belarus, Ecuador, Fiji, Georgia, Honduras, Kazakhstan, Qatar, Saudi Arabia, Singapore, Turkey and Uruguay.
The US, India, South Korea and others have signed but not yet ratified it. The EU has not yet signed because it is unclear whether individual Member States should sign up or whether the EU will sign on their behalf.
For more information on the convention, please see our Insight.