Speech by SPS Rahayu Mahzam at Launch of 2nd Edition of Singapore Convention on Mediation: A Commentary by SIDRA

30 AUG 2022

30 August 2022 Posted in [Speeches]

Honourable judges

Friends and colleagues from Singapore and overseas

Distinguished guests

Ladies and gentlemen

Introduction

  1. Good morning.
  1. It gives me great pleasure to launch the 2nd Edition of the “Singapore Convention on Mediation: A Commentary” by the Singapore International Dispute Resolution Academy (SIDRA) today.

1st Edition of the Commentary

  1. The 1st Edition of the Commentary was launched at the Singapore Convention Signing Ceremony and Conference Gala Dinner on 7 August 2019. It was the first book and the first article-by-article commentary ever written on the Singapore Convention on Mediation. It provided an in-depth, comprehensive analysis of the Convention, and a detailed report on the features of the Convention and its implications.
  1. Many have found the book relevant and useful. It has been cited in over 30 publications.

2nd Edition of the Commentary

  1. Three years on, there have been many positive developments.

    a) The Convention entered into force on 12 September 2020.

    b) To date, there are 55 signatories, and 10 Parties to the Convention.

    c) Countries, including the United Kingdom, United Arab Emirates, Lebanon and Morocco, have expressed their intent to become Parties.

    d) Others, including the European Union, Israel and the United States, are seriously studying and consulting on the Convention.

  1. Given these new developments and growing interest in the Convention, it is timely that SIDRA is launching a 2nd Edition of the Commentary.

    a) The new expanded 2nd Edition is buoyed with case and legislative illustrations from ratifying States and other major jurisdictions that have signed the Convention.

    b) It offers new analysis and case studies on the Convention.

  1. Drawing on decades of domestic mediation law around the world, private international law and, in part, arbitration case law, the Commentary provides a meticulous examination of issues including:

    a) Types of settlement agreements which fall within the scope of the Convention;

    b) The Convention’s approach to the recognition and enforcement of international mediated settlement agreements; and

    c) The grounds for refusal to grant relief under the Convention.

  1. The Convention has a significant impact on private international law as it has expanded the number of legal instruments susceptible to recognition and enforcement under private international law rules.
  1. The Commentary provides a succinct explanation of the role that the Convention plays within private international law.

  1. It also addresses the Convention’s relationship with other international instruments such as the UNCITRAL Model Law on International Commercial Mediation and the New York Convention on Arbitration.

    a) It includes a dedicated section on the differences in enforcement between the Singapore Convention and the New York Convention.

    b) It also explains the considerations on whether to enforce an international mediated settlement agreement under the Singapore Convention or to convert it into an arbitral award to be enforced under the New York Convention.

Importance and Relevance of the Commentary

  1. The Commentary adds to the body of knowledge on the Convention, and will be useful for:

    a) States which are interested in studying how to become “Convention Ready”;

    b) Legal practitioners who are working to advise clients on mediation; and

    c) Businesses which are exploring mediation as a dispute resolution option.

  1. I am confident that the Commentary will be an essential reference for anyone seeking to understand the features and implications of the Singapore Convention on Mediation.

Recognition of SIDRA

  1. Congratulations to the authors of the 2nd Edition of the Commentary for the great effort!

    a) Professor Nadja Alexander;

    b) Mr Chong Shouyu; and

    c) Mr Vakho Giorgadze.

  1. The Commentary is good example of SIDRA’s thought leadership in contemporary issues in dispute resolution.
  1. As the Convention continues to build traction, I look forward to more conversations and exchanges on the Convention.
  1. I wish everyone a fruitful UNCITRAL Academy Conference.Thank you.

Last updated on 30 August 2022