The Prospects of Enforcing Settlement Agreements under the Singapore Convention on Mediation – A Comparative Study of Nigeria and China

Abstract

First paragraph: The focus on litigation and arbitration as the main traditional and dominant forms of resolving international commercial disputesis gradually turning with an increase of multi-tier dispute resolution clauses in international commercial transactions. Mediation is now on track to gradually gain prominence, especially as a global framework for enforcing mediated settlement rules “is not just visionary, but a necessary tool for encouraging mediation”. This development is underscored by the United Nations Convention on International Settlements Agreements Resulting from Mediation of 2018 (“the Convention”). The Convention defines mediation as “a process, irrespective of the expression used or the basis upon which the process is carried out, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons (“the mediator”) lacking the authority to impose a solution upon the parties to the dispute”. Aiming to deliver a harmonised legal framework for the fair and efficient settlement of disputes arising in international commercial relations, the Convention was introduced to ensure the enforceability of cross-border settlement agreements on international commercial disputes. The 2018 United Nations General Assembly Resolution also emphasised the need for “the adoption of a convention … that is acceptable to States with different legal, social and economic systems.” The Convention complements the existing legal framework on international mediation and contributes to the development of harmonious international economic relations. It also aims to develop “consistent standards on the cross-border enforcement of international settlement agreements resulting from mediation.” The ideology underpinning the Convention is that, subject to Article 1(3)(a) of the Convention, all international commercial mediation settlement agreements reached between parties should be enforced by signatory parties to the Convention.