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On Settlements, Arising from Mediation: Brazil signs the Singapore Mediation Convention

INTRODUCTION:

On the fourth day of June 2021, the Singapore Convention was signed by Brazil on mediation, which provides a uniform mechanism for settling the agreements which have been put in writing, resulting from each mediation entered within a single contracting state. Furthermore, in the Singapore Convention, a party can enforce any of such settlement agreements in the courts in any contracting state given that the settlement agreement was issued within that or in any other contracting state to prove that the matter which was going on had already been resolved.

 What is Singapore Convention on Mediation?

It's formally the United Nations Convention on International Settlement Agreements Resulting from Mediation adopted on the 20th day of December 2018. It was opened for signature by various State parties on Aug. 7, 2019. It is an international agreement regarding the recognition of the mediated settlements.

Only under exceptional situations, such as if one of the settlement agreement's parties could not participate, can a contracting state's courts decline to grant relief based on the settlement agreement. The settlement was non-binding and inoperative. It was overcome with the incapability to be carried out under the law to which it was subject.

The settlement agreement was not binding, null and void, inoperative, or incapable of being carried out under the law to which it was subject. The conciliator committed a significant breach of the conciliator's standards, and that party would not have entered into the settlement agreement if the breach had not occurred.

The settlement agreement's terms have already been met or altered. Relief would be contrary to the contracting party's public policy.

Under that party's law, the subject matter of the dispute cannot be resolved through mediation.

Agreements that are not covered under Singapore Convention 

Settlement agreements entered for personal, family, or home purposes by one of the parties (a consumer), as well as settlement agreements relating to family, inheritance, or employment law, are not covered by the Singapore Convention. In addition, it excludes settlement agreements that are enforceable as a judgment or an arbitral award.

The Singapore Convention aims to promote mediation in international trade disputes by allowing parties to utilize the settlement agreement achieved in other countries. Thus, the Singapore Convention is projected to have a good influence on mediation in the medium and long term, comparable to the 1958 New York Convention's effect on international arbitration. 

The Singapore Convention must yet be approved by the Brazilian Congress, which could take some time.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.

  • Introduction
  • What's Singapore Convention on Mediation
  • Agreements that are not covered under Singapore Convention

BY : Deewakar Yadav

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