Singapore Convention on Mediation: The Main Provisions

Abstract

The article dogmatically, autonomously examines the main rules of law of the Singapore convention on international settlement agreements resulting from mediation. The necessity for such research is determined by the unclear character of certain rules of law, which can complicate this international treaty realization, impeding the usage of mediation in resolving cross-border disputes.

The set of aspects constituteы the intellectual framework, within the international treaty is examined: legal basis, premises and procedure on exequatur, as well as legal aid. The legal basis covers the object, subject, territorial and temporal effect of the treaty, as well as relations of this instrument with other sources of law. The premises aspect relates to the set of positive (substantial and formal premises) and negative (absolute and relative premises) facts, which legal evaluation allows for or rejection of exequatur respectively. The procedure concerns the resolution of the motion for exequatur in adversarial and expeditious manner as well as the issue of parallel applications or claims resolution. The legal effects aspect relates to the preclusion of jurisdictional procedure on the dispute, resolved by mediation, and the possibility for enforcement the international commercial mediated settlement agreement.

It is concluded, that a dogmatic examination of the Singapore convention on mediation facilitates the international treaty provisions realization and, hence, promotes the mediation usage in the transnational disputes resolution.