Singapore Convention on Mediation – Is It A Win-

Win for India?

 Introduction

The Singapore Convention on Mediation entered into force on Saturday, providing a more efficient means of
enforcing mediated settlements of corporate disputes involving firms in India and other signatory nations. 1

It is also known as the United Nations Convention on International Settlement Agreements Resulting from
Mediation. This is the first UN convention to be named after Singapore. As stated in an official statement 2;
“With the Convention in force, businesses seeking enforcement of a mediated settlement agreement across
borders can do so by applying directly to the courts of countries that have signed and ratified the treaty, instead
of having to enforce the settlement agreement as a contract in accordance with each country’s domestic
process," According to a statement released by Singapore’s Ministry of Law, the Convention’s standardised and
streamlined enforcement structure leads to savings in time and legal expenses, which is especially essential for
companies during times of uncertainty, such as the present COVID-19 epidemic.3

According to the statement, the Convention, which went into effect on Saturday, would improve India's "ease of
doing business" credentials by allowing for quick mediated resolutions of corporate disputes. "As the
Convention provides a more effective method for mediated results to be implemented, businesses in India 4 and
throughout the world will now have greater assurance in settling cross-border issues through mediation," it
added.5

Singapore had collaborated with the United Nations Commission on International Trade Law (UNCITRAL), as
well as other UN member states and non-governmental organisations, to help create the Convention. K

1
The Singapore Convention On Mediation: Charting A New Path For Dispute Resolution, DUANE MORRIS
(Aug. 16, 2019)
https://www.duanemorris.com/alerts/singapore_convention_mediation_charting_new_path_dispute_resolution_
0819.html
2
Singapore Convention on Mediation comes into force, THE HINDU (Sept. 13, 2013),
https://www.thehindu.com/business/singapore-convention-on-mediation-comes-into-force/article32589671.ece
3
Singapore Convention On Mediation Comes Into Force, OUTLOOK (Sept. 12, 2020),
https://www.outlookindia.com/newsscroll/singapore-convention-on-mediation-comes-into-force/1934295
4
India signs UNISA; Experts call for local laws for supporting treaty, THE HINDU (Aug. 7, 2019),
https://www.thehindu.com/news/national/india-signs-unisa-experts-call-for-local-laws-supporting-treaty/
article28863780.ece
5
Singapore Convention on Mediation enters into force, BUISNESS LINE (Sept. 12, 2020),
https://www.thehindubusinessline.com/economy/singapore-convention-on-mediation-enters-into-force/
article32586701.ece
Shanmugam, Singapore’s Minister for Home Affairs and Law, said that the Convention’s entrance into force is
an important milestone since it improves the international dispute resolution enforcement system. 6

"This benefits businesses by providing greater certainty in resolving cross-border commercial disputes,
ultimately facilitating international trade and commerce," he added. 7

Prime Minister Lee Hsien Loong described it “as a forceful statement in favour of multilateralism," adding that
the pact will aid in the advancement of international trade, commerce, and investment at a time when
multilateralism was under attack. Mr Lee stated that while many current international organisations needed
urgent reform, were losing trust, or had methods and structures that were no longer fit for purpose, the solution
was not to forsake multilateralism, but to enhance it. "We must acknowledge that these institutions have
collectively contributed to the world's progress and wealth, as well as the peace, security, and international order
that we have enjoyed for decades," he added.8

 Cross Border Mediation

Mediation is a process in which a neutral third party or mediator attempts to resolve disputes between parties
amicably. Unlike the judge or arbitrator, the mediator helps the parties to reach an agreement on their own and
never imposes the decision on them. Even if the parties might choose to put the contents of their settlement
agreement into a legally enforceable form9a contract, the procedure is optional and hence non-binding.

In practise, mediation takes the form of a structured negotiation in which both parties share information and
exchange offers with the assistance of a mediator, whose role is specifically to facilitate communication and
collaboration between the parties in order for them to reach an acceptable settlement. Mediation is thus a highly
casual procedure, in stark contrast to the formality of arbitration and litigation.10

The lawyer's involvement in mediation differs greatly from the lawyer's role in arbitration or litigation since the
ultimate aim of mediation is to achieve an acceptable settlement, whereas the purpose of the other techniques is
to defeat the opposing side through legal arguments and evidence. To be an effective mediator, a lawyer must be
trained in negotiation techniques and, most importantly, come to mediation with a spirit of conciliation, ready to
make concessions and give in to some claims in exchange for concessions from the other party, so that all can
walk out of the room with an agreement that each can live with.11

6
Jean Iau, Singapore Convention on Meditation comes into force, THE STRAITS TIMES (Sept. 12, 2020),
https://www.straitstimes.com/singapore/singapore-convention-on-mediation-comes-into-force
7
Id
8
Jalelah Abu Baker, A “powerful statement” for multilateralism says PM Lee, CHANNEL NEWS ASIA (Aug
7, 2019) https://www.channelnewsasia.com/news/singapore/singapore-convention-on-mediation-un-trade-
disputes-pm-lee-11787744
9
Connerty, Developments in cross-border mediation: The use of mediation as part of a “filter” process in
cross-border disputes, Address at First Asian Mediation Association Corporation, Singapore (June 2009).
10
NYSBA International Law Practicum, Spring 2013, Vol. 26, No. 1
https://nysba.org/NYSBA/Sections/Dispute%20Resolution/Materials/DRS%20Fall%20Meeting%20Materials/
Cross-Border%20Mediation%20-%20A%20New%20Solution%20for%20International%20Commercial
%20Dispute%20Settlement.pdf
11
Ibid at 2
When the parties to the mediation live or have their place of business in separate countries, the mediation is
referred to as cross-border mediation, and the settlement agreement is referred to as a cross-border settlement. 12

 Foreign Judgment, Court and Decree

‘Foreign judgment’ is defined under section 2 (6) of the Civil Procedure Code (CPC) as “A judgment of a
foreign court”. A foreign court is defined under section 2(5) of CPC, means “a court situated outside India and
not established or continued by the authority of the Central Government”. A foreign decree is defined in
Explanation II to section 44A of the CPC as, “Decree with reference to a superior court means any decree or
judgment of such court under which a sum of money is payable, not being a sum payable in respect of taxes or
other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitral
award, even if such an award is enforceable as a decree or judgment”.

 When and how can a foreign judgment/ decree be enforced in India?

Even though there exists the Hague Convention on the Recognition and Enforcement of Foreign Judgments in
Civil and Commercial Matters 1971, not many countries including are parties to this treaty.  India has entered
into bilateral treaties with several countries. A foreign judgment decree should be conclusive as to any matter
adjudicated by it. The test for conclusiveness is laid down in section 13 of the CPC. Foreign judgment shall be
conclusive unless:

 It has not been pronounced by a court of competent jurisdiction.

 It has not been given on the merits of the case.
 It appears, on the face of the proceedings, to be founded on an incorrect view of international law or a
refusal to recognize the law of India in cases in which such law is applicable;
 The proceedings in which the judgment was obtained are opposed to natural justice;
 It has been obtained by fraud;
 It sustains a claim founded on a breach of any law in force in India.

 International Conventions
 New York Convention:
12
Mediation: Cross-Border, THOMPSON REUTERS, https://uk.practicallaw.thomsonreuters.com/w-006-3537?
transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=It%20is%20an%20alternative
%20to,procedures%2C%20including%20negotiation%20and%20mediation.
As previously stated, in order to establish a standard law across member countries for cross-border arbitral
verdicts, the United Nations adopted the Convention on the Recognition and Enforcement of Foreign Arbitral
Awards, often known as the New York Convention, on June 10, 1958, and it entered into force on June 7,
1959.13

It has been signed by 160 countries, including India. The Arbitration and Conciliation Act of 1996 in India is
based on UNCITRAL model legislation. The Convention compels participating states' courts to give effect to
private agreements to arbitrate and to accept and enforce arbitration decisions issued in other contracting states.
It applies to arbitrations that are neither recognised or enforced as domestic awards in the state where they are
obtained. Laws governing international commercial arbitration based on the UNCITRAL Model Law on
International Commercial Arbitration.14

 Hague Convention

Because the 1971 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and
Commercial Matters received such a lukewarm reaction, a new treaty was ushered in and signed on July 2,
2019. India is also not a signatory to this pact. The 2019 Convention on the Recognition and Enforcement of
Foreign Judgments in Civil or Commercial Matters is the name of this treaty. 15 Its goals are as follows16:

 Reduce transactional and litigation expenses in cross-border transactions

 To ensure that all people have equal access to justice.
 To make international trade and investment more rule-based.

 Singapore Convention

The Singapore Convention dates back to the late 1970s; UNCITRAL adopted the UNCITRAL Conciliation
Rules on July 23, 1980, after several years of working sessions. The UNCITRAL Conciliation Rules provide a
comprehensive set of procedural rules on which parties may agree for the conduct of conciliation proceedings
arising out of their commercial relationship.17 The Rules encompass all parts of the conciliation process,
including a model conciliation agreement, specifying when conciliation is regarded to have begun and ended,
and addressing procedural issues such as the appointment and function of conciliators, as well as the general
conduct of proceedings. The Rules also cover problems such as secrecy, admission of evidence in other
procedures, and limitations on parties' ability to pursue judicial or arbitral actions while the conciliation is
ongoing. It does seem like a contemporary mediation idea. Part III of the Indian Arbitration and Conciliation

13
The New York Convention, NEW YORK ARBITRATION, https://www.newyorkconvention.org/
14
In Brief, NEW YORK ARBITRATION, https://www.newyorkconvention.org/in+brief
15
Convention On The Recognition And Enforcement Of Foreign Judgments In Civil Or Commercial Matters ,
HCCH NET, https://www.hcch.net/en/instruments/conventions/full-text/?cid=137
16
The New Hague Judgment Convention, BRIEFINGS HFW, https://www.hfw.com/The-New-Hague-
Judgments-Convention
17
Karen Birch, New Hague Convention for enforcement of foreign judgments; A gamechanger in International
disputes? https://www.allenovery.com/en-gb/global/news-and-insights/publications/new-hague-convention-on-
enforcement-of-foreign-judgments
Act of 199618 was designed as an alternative dispute resolution tool. The UNCTRAL Model Law on
Conciliation of 1980 was superseded by the Model Law on Conciliation of 2002.19

The differences between the 1980 and 2002 laws are as follows: (a) the 1980 law makes no mention of
mediation, whereas the latter equates conciliation and mediation; and (b) the 1980 law allows the conciliator to
suggest a proposal for settlement, whereas the 2002 law prohibits any proposal from the conciliator. Despite the
fact that the 2002 legislation equates conciliation and mediation, the word mediation has grown in use.
Mediation was commonly practised in various regions of the world. Singapore began mediation in the mid-
1990s, and it has since garnered favour with the courts and the administration. 20 Singapore, being an
international metropolis, became an international arbitration centre in the Eastern half of the world. Singapore
recognised an opportunity to promote international mediation and created the Singapore International Mediation
Centre in November 2014.21 Singapore was the driving force behind the establishment of the Mediation
Convention. The draught treaty was accepted by the UN General Assembly in December 2018, following many
rounds of meetings by the working group. As previously noted, the Convention was signed by 46 nations,
including India, on August 6, 2019.22

 Analysis of the Singapore Convention

Mediation's disadvantage has frequently been mentioned as the difficulty in implementing mediated settlement
agreements due to its non-binding character. 23 However, with the passage of the Singapore Convention on
Mediation (‘Convention'),24 UNCITRAL, with the assistance of the States, has made steps to grant a binding
value to mediated settlement agreements. This may place mediation on level with arbitration as a key form of
alternative conflict resolution. A mediated settlement agreement is the final agreement signed by the parties
indicating their acceptance of the settlement achieved during the mediation process.

18
The Arbitration and Conciliation Act, 1996
https://www.indiacode.nic.in/bitstream/123456789/1978/1/AAA1996__26.pdf
19
UNCITRAL Model Law on International Commercial Mediation And International settlement Agreements
resulting from mediation, 2018
https://uncitral.un.org/en/texts/mediation/modellaw/commercial_conciliation#:~:text=The%20Model%20Law
%20was%20initially%20adopted%20in%202002.&text=The%20Model%20Law%20has%20been%20renamed
%20%22Model%20Law%20on%20International,Settlement%20Agreements%20Resulting%20from
%20Mediation%22.
20
Sapna Jhangiani & Bryaan Looy, The Singapore Convention on Mediation: Making History, MONDAQ (Jan
10, 2020) https://www.mondaq.com/arbitration-dispute-resolution/882220/the-singapore-convention-on-
mediation-making-history
21
A new Dawn for Mediation, SINGAPORE INTERNATIONAL MEDIATION CENTER (Dec 29, 2014),
https://simc.com.sg/blog/2014/12/29/new-dawn-mediation-launch-singapore-international-mediation-centre-
simc-introduction-siac-simc-arb-med-arb-protocol/
22
46 States signed new International Treaty on Mediation, SINGAPORE CONVENTION ORG,
https://www.singaporeconvention.org/media/media-release/states-signed-international-treaty
23
Christina G Hioureas, The Singapore Convention on International Settlement Agreements Resulting from
Mediation: A New Way Forward?, 37 Berkeley J. Int’l L.215, 217 (2019).UNCITRAL, The Convention on the
Recognition and Enforcement of Foreign Arbitral Awards, (1958) available at
https://www.uncitral.org/pdf/english/texts/arbitration/NY-conv/New-York-Convention-E.pdf
24
UNCITRAL, United Nations Convention on International Settlement Agreements Resulting from Mediation,
(2019) available at https://uncitral.un.org/sites/uncitral.un.org/files/singapore_convention_eng.pdf
Article 125 of the Convention limits the scope by stating that the Singapore Convention on Mediation covers
only international settlement agreements originating from mediation to settle a business dispute. 26 In addition,
the parties' agreement should be in writing. As a result, a solution reached through mediation related to family,
home, or employment law is not protected by the Convention. Although the Convention's application has been
limited to "commercial conflicts," because the word has not been defined, it might potentially encompass
investment disputes27, as they have not been specifically forbidden, in contrast to consumer disputes, which have
been excluded under Article 1. (2).

Articles 2 and 3 Exclusions

This Convention does not apply to

(a) Settlement Agreements if
(i) one of the parties is a consumer for personal, family or household purposes;
(ii) Relating to family, inheritance or employment law. (b) That have been approved by a court or concluded in
the course of       proceedings before a court and are enforceable as a judgment in the State of that court; ( c)
Settlement agreements that have been recorded and are enforceable as an arbitral award.

In the Indian context, the preceding article overlooks several options to address cross-border family commercial
company issues. Indian families govern the real estate business in India. Millions of migratory Indians have
settled in other countries, either working for someone or running a business. This categorical exclusion of
family issues is a significant defeat for mediation. Furthermore, in these days of e-commerce, personal cross-
border transactions involving persons occur. In the case of a disagreement, mediation would have been the best
choice for resolving it.28

Court-annexed mediations are drafted as a decree in India. Private mediation agreements are enforceable as a
"Consent Award" under the Arbitration and Conciliation Act of 1996 and are presumed decided. As a result, a
cross-border mediation in India cannot be enforced since it is considered an award. The aforementioned flaws

25
United Nations Convention on International Settlement Agreements Resulting from Mediation
https://uncitral.un.org/sites/uncitral.un.org/files/singapore_convention_eng.pdf
26
Art. 1(1) of the Convention;  Hassan Faraj Mehrabi & Hosna Sheikhattar, The Singapore Mediation
Convention: a promising start, an uncertain future, LEIDEN LAW BLOG, https://leidenlawblog.nl/articles/the-
singapore-mediation-convention-a-promising-start-an-uncertain-future
27
Joséphine Hage Chahine, Ettore M. Lombardi, David Lutran & Catherine Peulvé, The impact of the Singapore
Convention on the international business mediation, CP LAW, https://www.cplaw.fr/publications/the-impact-
of-the-singapore-convention-on-the-international-business-mediation
28
BC Thiruvengadam, Singapore Convention on Mediation- Is it a win –win for India?, BIMACC. ORG (May
18, 2021), https://www.bimacc.org/singapore-convention-on-mediation-is-it-a-win-win-for-india-september-
2019/#_ftn1
must be addressed. Furthermore, the Convention does not take into account hybrid ADR processes such as Med-
Arb, Arb-Med, Med-Arb-Med, Arb-Med=Arb, and so on.29

Article 3 mentions the parties' responsibility to implement settlement agreements as well as the right to activate
a settlement agreement covered by the Convention.30

Articles 2 (2) and 4 show that the Convention recognises digital communication and that there is significant
room for growth of online mediation. Expecting the mediator to verify the settlement agreement may result in
the mediator being dragged into litigation by unscrupulous parties who may contest the settlement. Certain
procedures must be completed by parties in order to obtain relief under a settlement agreement. This is
addressed in the Convention's Article 4 31. It states that the parties must sign the settlement agreement and that
there must be evidence that the settlement agreement originated from mediation.

The fact that the enforcement of mediated settlement agreements has been committed to the ‘competent
authority' of the Contracting Party when enforcement is sought under Article 4 is a unique advantage of the
Convention. However, because there is no clear definition of the term in the Convention, the scope of the
aforementioned "competent authority" might be exceedingly broad. As a result, parties might opt to allow
enforcement procedures to be conducted through any judicial or administrative entity in their territory as they
see appropriate, avoiding ambiguity on the side of a foreign investor who was previously required to exhaust
domestic remedies in the host state.

Certain grounds may be cited by the court to refuse to provide any remedy at the request of the person against
whom it is invoked. Article 532 specifies these grounds, which may be generally classified into three categories:
contesting parties, settlement agreement, and mediation method. These include the parties' incompetence, the
agreement being null and void, the agreement being later changed, giving relief would be contradictory to the
provisions of the settlement agreement or against the public policy of the enforcing contractual party, and so
on.33

The Convention also allows the parties to such a settlement to expressly opt out of the Convention by specifying
the term in the settlement agreement against any kind of remedy. This is stated in Article 5(1) (d). 34 from article
5 it can also be observed that the Competent Authority does not have the ability to reject a request for

29
N 25
30
N 25 at 5
31
N 25 at 5
32
N 25 at 6
33
Ming Liao, Singapore Convention Series: Refusal Grounds In The UN Convention On International
Settlement Agreements Resulting From Mediation, KLUWER MEDIATION BLOG,
http://mediationblog.kluwerarbitration.com/2020/04/12/singapore-convention-series-refusal-grounds-in-the-un-
convention-on-international-settlement-agreements-resulting-from-mediation/?
doing_wp_cron=1598521758.3609681129455566406250
34
N 25 at 7
enforcement on its own, and such a denial will be considered only at the request of a party. The fear is that a
collusive and dishonest settlement agreement may be enforced, encouraging various types of money laundering.

Allegations of significant breaches of the mediator's standards are a murky area, and the convention is silent on
the standards. As previously noted, the agreement makes no mention of a common norm of mediation training,
certification, or ethics.

The signatory nations have the right to make reservations under Article 8 35 of the Convention that the
Convention will only apply to the degree that parties to the settlement agreement have agreed to implement it.

According to Article 936, the Convention and any reservations thereto apply prospectively to settlement
agreements signed after the Convention's entrance into force.

 Effect of the Convention

The Convention will have an effect on international trade. The Convention will enhance the use of mediation as
a means of resolving international business disputes. The credibility of such conflict resolution procedures will
grow internationally, which was not previously the case. Parties that wish to resolve conflicts through non-
adversarial procedures may choose mediation.

The Convention would make it easier, cheaper, and faster for firms to enforce cross-border settlement
agreements. As a result, cross-border trade will strengthen and grow.

The Convention's influence will be heavily reliant on state approval. Mediation as a method of alternative
conflict resolution is popular in a few countries, including the United States and the United Kingdom. As a
result, much as with the New York Convention, acceptance is necessary for the Convention to have a bigger
influence.

 India vis-à-vis the Convention

On August 7, 2019, India was one of 46 nations that signed the Convention in Singapore. Mediation is not a
new concept in India. The function of mediation in resolving conflicts was recognised in the Code of Civil
Procedure of 1908. In India, there are several mediation centres. As a result, it was unsurprising that India would
embrace this worldwide movement to encourage mediation.

Article 253 of the Indian Constitution37 stipulates that the Parliament must pass laws to give effect to any foreign
treaty. As a result, India should establish legislation to control the country's mediation system. This would aid in
the establishment of a formal framework in the nation for the conduct of mediation.
35
N 25 at 7
36
N 25 at 9
37
Article 253, Constitution of India.
https://www.constitutionofindia.net/constitution_of_india/relations_between_the_union_and_the_states/
articles/Article%20253
In this regard, measures are being done. For example, the government authorised the creation of the New Delhi
International Arbitration Centre as a statutory entity. 38 Mediation proceedings would also be included in this
body. Aside from that, the country promotes mediation among the youth by making it a required topic in law
school.39 Thus, India and the Convention share the goal of promoting mediation as an effective means of dispute
resolution.

 Will the convention be a game changer?

The Singapore Convention on Mediation is seen as a game changer in international commercial dispute
resolution. The following are the grounds behind the Convention's high expectations:

 Mediation is seen as a less time-consuming and less expensive means of resolving disputes. Generally,
conflict resolution results in a win-win scenario for both parties, and the connection between the parties is
not harmed as a result of such dispute resolution.
 Because of the Convention, mediation would become a very common means of resolving disputes. It may
also be utilised at any level of conflict resolution.
 The new Convention may result in more effective mediators and resources. As a result, it will offer
mediators a platform that they have never had before.
 Singapore has the potential to become a Mediation hub. For nations such as India, the majority of
arbitration issues are already resolved in Singapore. Countries in Singapore have placed their faith in
Singapore. They provide a system that is unbiased, confidential, and trustworthy.
 People can use mediation to settle conflicts since it has a better likelihood of success than a successful result
at a trial.
 Furthermore, some argue that it is preferable than arbitration. Mediation addresses the human psychology at
the root of problems, whereas arbitration does not. Another reason is that mediation is done on a voluntary
basis. This will make the parties' conflict resolution less stressful.
 Countries that join the Convention will enact more Mediation laws through various pieces of legislation.
 The Singapore Convention is most likely to modify the terminology of cross-border business disputes and
to make mediation the default option for parties seeking to settle disputes.

 Issues and Challenges

The Convention contains no criteria for determining who is qualified to serve as a mediator. There are no
universally agreed mediator norms of conduct. Local law and practise are responsible for regulating such
practises. This creates disparities since in some countries, mediators must complete training and be legally
recognised, whilst in others, such qualification is not required. They willingly consent to self-regulation. The

38
The New Delhi International Arbitration Centre Bill, 2019, https://prsindia.org/billtrack/the-new-delhi-
international-arbitration-centre-bill-2019
39
Mediation with Conciliation to be a compulsory subject in law colleges, BAR AND BENCH, (Aug. 15,2020)
https://www.barandbench.com/news/lawschools/bci-mediation-with-conciliation-compulsory-subject-law-
colleges-academic-year-2020-2021#:~:text=Mediation%20with%20Conciliation%20to%20be%20a
%20compulsory%20subject,states%20the%20BCI%27s%20letter%20to%20all%20law%20Universities.
mediators may get uneasy as a result of a departure from the accepted rule that a mediator cannot be called to
testify in court. The Convention's Article 4 requires mediators to clarify their confirmation of the settlement.
This would be a whole new technique for them.40

Despite the fact that many people feel that the Convention would enhance the popularity of mediation.
However, the efficacy of local mediation legislation will be critical to the Convention's success. As a result, the
method for mediation and the settlement process will be heavily influenced by local jurisdiction. Another
difficulty is the ambiguity that arises when there are no administering organisations and the mediator does not
confirm that the mediation occurred.41

The opportunity for parties to opt out or "contract out" of the Convention by including such language in their
settlement agreement may restrict the Convention's applicability. This would undermine the Convention's basic
purpose. Given the reservation clause in Article 8, practitioners preparing mediated settlement agreements
should consider include an express declaration indicating that the parties agree to the Convention's
applicability.42

A Contracting State may declare that the Singapore Convention on Mediation does not apply to settlement
agreements to which it or any government agency is a party. Second, a Contracting State may declare that the
Singapore Convention on Mediation applies only if the parties to the settlement agreement have consented to it.
It is still unknown if any Contracting State will ratify the Singapore Convention on Mediation with the
aforementioned reservation declaration (s).43

To increase the certainty of enforcement, parties to a business contract (whether private or public bodies) might
include an opt-in clause stating that the Singapore Convention on Mediation will apply to any settlement
agreement they enter into. In essence, the Singapore Convention on Mediation makes it easier to achieve the
goals of certainty, finality, simplicity, time savings, and cost efficiency for direct enforcement of international
mediated settlement agreements.44

 Conclusion

According to a 2017 poll, 84% of respondents said they would be more willing to utilise mediation in cross-
border conflicts if a standard worldwide system akin to the New York Convention was put in place to enforce

40
Diva Rai, Singapore Convention on Meditation: A game changer in Cross Border Dispute Resolution, I
PLEADERS (Oct 3, 2020) https://blog.ipleaders.in/singapore-convention-on-mediation-a-game-changer-in-the-
cross-border-dispute-settlement/
41
id
42
id
43
Melvin Lum, Mediation in Aviation disputes: Reaching Higher Altitudes with the Singapore Convention on
Mediation, I BANET ORG , https://www.ibanet.org/article/5201B173-F579-4A53-A416-
B18A287C0053#_edn7
44
id
international mediated settlement agreements. 45 The Singapore Convention on Mediation was especially
designed to provide such a framework.

The impact of this agreement will be comparable to the impact of the New York Convention 1958 on the global
arbitration framework and India in particular. The ratification will also result in a legal reform in India to create
the power envisaged by the treaty. This will offer a boost to mediation and, as a result, give rise to a pro-
mediation regime in India.46

Leaving aside the technicalities, the Singapore Convention aims to fill the gaps left by the arbitration regime by
providing a less time-consuming and cost-effective alternative cross-border dispute resolution system, in
addition to greatly contributing to the preservation of contractual relationships and preventing irreparable
damage to them. This may be the appropriate context for considering mediation as an alternative to investor-
state arbitration, since that mediated settlement agreements will have global recognition, comparable to
arbitration decisions, which fueled their initial popularity. 47

To summarise, the Convention is an excellent step toward promoting mediation; yet, cross-border mediation is
not easy to come by. This may change in the near future, though, since litigation and arbitration continue to be a
white elephant. To name a few, the positives are numerous.48

There are several advantages:

 Cross-border mediation is available.

 Litigation risk is reduced.
 ADR will be fairly priced.
 Dispute resolution in a timely manner
 Not-for-profit The use of institutional mediation will be promoted.
 Co-mediation will become more popular, with mediators selected from an international panel.
 Mediation may take place anywhere in the world, thanks to increased collaboration among diverse ADR
centres throughout the world.
 Increased collaboration among various ADR centres across the world.
 Mutual referrals to international panels of mediators
 Training, ethics, and norms must all be held to the same high level.
 The ability of lawyers to practise and the enforcement of settlements may be contested.

Before ratifying the Convention, the Government of India should look into the following issues.

45
David S Weiss and Michael R Griffith (2017), ‘Report on International Mediation and Enforcement
Mechanisms: Issued by the Institute for Dispute Resolution NJCU School of Business to the International
Mediation Institute for the Benefit of Delegates Attending the UNCITRAL Working Group II (Dispute
Settlement) 67th Session’, pp 16–17.
46
Rahul Kumar, Four Cornerstones: Ascertaining the future of mediation in India, TIMES OF INDIA ( Jul 9,
2021) https://timesofindia.indiatimes.com/readersblog/constitution-and-arbitration/four-cornerstones-
ascertaining-the-future-of-mediation-in-india-34939/
47
Eunice Chua, Enforcement of International Mediated Settlements without the Singapore Convention on
Mediation, 31 SAcLJ 572, 574 (2019).
48
N. 28
 The term "mediation" is not well defined.
 Ousts family business and B-to-C e-commerce conflicts
 Conflict with resolution under Section 73 of the Arbitration and Conciliation Act of 1996 and Section 89 of
the Civil Procedure Code Settlement Hybrid ADR such as ARB-MED, MED-ARB disregarded
 The duties of the mediator are not clearly defined.
 There is no such thing as a mediator's immunity.
 There was no discussion about confidentiality.
 Collusive settlement agreements result in collusive enforcement procedures between the parties.
 Illegal/unlawful conduct may be sanctioned by collusive settlement.
 Courts can hear challenges to non-collusive settlement enforcement actions.
 Arb-Med settlements are not covered by the law.
 Cross-border consumer mediation is not legally binding.