UK government consults on whether to sign the Singapore Convention on mediated settlements

The UK government has launched a consultation seeking views on whether the UK should sign the Singapore Convention, which came into force in September 2020 and provides a framework for a global enforcement regime for settlement agreements resulting from mediation of international commercial disputes. The consultation closes on 1 April 2022.

The consultation document shows that the UK government is in favour of signing the Convention.

The Convention is significant in promoting the use of mediation globally, although it is unlikely to have a major impact on whether or not mediated settlement agreements can be enforced between the UK and other countries, given that:

1. For countries that have ratified the Convention, it applies to mediations conducted anywhere in the world, not just in other jurisdictions that have ratified. So settlements resulting from mediations conducted in the UK are already enforceable under the Convention (if they fall within scope).
2. English courts would already generally be amenable to enforcing a settlement agreement resulting from a foreign mediation if it met the criteria described the Convention, albeit that that would be via the indirect and time-consuming route involved in obtaining and enforcing a judgment for breach of contract.

It will in many cases, however, streamline the procedures for enforcing a settlement agreement resulting from a foreign mediation in the UK.

For more information on the Convention and its potential benefits see this post on our ADR Notes blog.