The Singapore convention on mediaton: what everyone should know about it

Abstract

The Singapore Convention on Mediation is a new multilateral treaty aiming to provide a worldwide uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international commercial disputes which countries will be able to be part of it. This paper will analyze and explain the text of the Convention in a language accessible to non-lawyers as well as will compare the treatment given to the enforcement and recognition of mediated settlement agreements resolving international commercial conflicts by the Convention, by Spanish law and by Brazilian law. The results will show that currently the treatment given to the subject matter vary from country to country and the Convention. This result highlights the importance that each country reviews the terms of the proposed Convention analyzing the impacts of becoming a part of it and, if the decision is to became a part of the Convention, the approach that will be given to certain subjects when internalizing the Convention in its legal system.