On 26 June final drafts for a Convention on the Enforcement of Mediation Settlements and accompanying Model Law were approved at the 51st session of the United Nations Commission on International Trade Law (UNCITRAL). These drafts will be submitted to the Commission for adoption later in 2018.
The Convention will be named the Singapore Mediation Convention and will be signed at a ceremony in Singapore in 2019. The Convention must then be ratified by at least 3 member states to come into force.
The new Convention stems from a concern that the use of mediation to resolve international disputes has been impeded by the fact that, unless a settlement reached via mediation is in the context of a pending arbitration and can be converted into an arbitral award, parties can only enforce it in the same way as any other contract.
In an international context, this can involve potentially difficult processes to obtain a court judgment and then enforce it in a foreign jurisdiction.
The new Convention establishes an international framework for the enforcement of mediated settlements, akin to the New York Convention, for the enforcement of arbitral awards.
Read further: A/CN.9/934 - Report of Working Group II (Dispute Settlement) on the work of its sixty-eighth session, 68 th session, 5-9 February 2018, New York