Published 24 November 2020
The year of 2020 marks an important milestone for cross-border commercial mediation because of the entry into force of the United Nations Convention on International Settlement Agreements Resulting from Mediation, otherwise known as the Singapore Convention on Mediation. Settlement agreements resulting from international commercial mediation are now directly enforceable under the framework of the Singapore Convention on Mediation, the same way arbitral awards are directly enforceable under the New York Convention, and foreign judgments are enforceable under the Hague Judgments Convention. Article 5(1)(d) of the Singapore Convention on Mediation states that the competent authority may refuse to enforce the settlement agreement on the ground that enforcement would be contrary to the terms of the settlement agreement. As an international mediated settlement agreement is contractual in nature, it may provide for a dispute resolution mechanism such as arbitration, litigation, or mediation. This paper analyses whether the existence of a dispute resolution provision in a settlement agreement may be the basis for refusing to enforce the settlement agreement under the framework of the Singapore Convention on Mediation.