Construction Arbitration and Alternative Dispute Resolution

Page 29


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

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

Chong Shouyu


3.1 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’)1 across territorial borders. An iMSA, which has not been ‘transformed’ into a consent arbitral award or court order, falling within the scope of the Singapore Convention will enjoy a unique status above and beyond its substance as a contractual agreement between disputing parties to settle conflicts at the mediation table. It may be argued that the Convention elevates iMSAs to the status of a novel form of legal instrument recognised under international law, because 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.2

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.