The Singapore Convention on Mediation: Its impact on international construction disputes

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The Singapore Convention on Mediation is set to change the landscape of cross-border alternative dispute resolution. It is the first multilateral treaty that advances a legal mechanism promoting the circulation of international mediated settlement agreements (‘iMSAs’) across territorial borders. An iMSA, which has not been ‘transformed’ into a consent arbitral award or court order, falling within the Convention’s scope will enjoy a unique status above and beyond its substance as a contractual agreement between disputing parties to settle conflicts at mediation. The Convention elevates iMSAs to the status of a novel form of legal instrument recognised under international law. It establishes a framework – akin to the New York Convention – for judicial recognition and enforcement of commercial settlement agreements arising from mediation. This chapter examines the key features of the Convention and promotes debate over its potential impact on international construction disputes, which has increasingly favoured mediation in recent years.
Original languageEnglish
Title of host publicationConstruction Arbitration and Alternative Dispute Resolution
Subtitle of host publicationTheory and Practice Around the World
EditorsRenato Nazzini
Place of PublicationUnited Kingdom
PublisherRoutlege
Chapter3
ISBN (Electronic)9781003155973
ISBN (Print)9780367710064 , 9780367740740
Publication statusPublished - 21 Oct 2021

Publication series

NameConstruction Practice Series

Keywords

  • Singapore Convention on Mediation
  • Alternative Dispute Resolution
  • Mediation
  • Construction Disputes

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