As has been well publicised, the new
Singapore Convention seeks to establish a global enforcement
regime for settlement agreements resulting from mediation in
cross-border commercial disputes. Signed on 7 August 2019 by 46
countries, the Convention could feasibly be in operation as early
as the first half of next year (it will enter into force six months
after ratification by at least three signatory states).
One feature of the Convention that has not been widely
highlighted is the fact that, once it enters into force, it will
apply to mediations conducted anywhere in the world, not just
within jurisdictions that have ratified it. This is because, unlike
most other enforcement treaties, it does not operate on the basis
of reciprocity between contracting states. It will therefore be
advisable for all mediating parties, regardless of whether their
home state ever ratifies the Convention, to factor into their
mediation procedures the potential to rely on the Convention
