Harmonisation of Enforcement Mechanisms for International Mediated Settlement Agreements: A Critical Appraisal of the Singapore Convention on Mediation in the Context of Domestic Legal Systems

Abstract

The increasing reliance on mediation as a preferred method for resolving cross-border commercial disputes has underscored the pressing need for effective enforcement mechanisms for International Mediated Settlement Agreements (iMSAs). Despite mediation’s inherent advantages—such as party autonomy, confidentiality, and flexibility—the fragmented and inconsistent enforcement frameworks across jurisdictions historically impeded its global efficacy. Prior to the advent of the Singapore Convention on Mediation (2019), parties often relied on domestic contract enforcement or attempted to analogize enforcement through arbitral frameworks, leading to unpredictability and legal uncertainty.

This paper critically appraises the Singapore Convention on Mediation as a landmark initiative aimed at harmonizing the enforcement of iMSAs. It explores the Convention’s genesis, scope, and enforcement provisions, while assessing its potential to bridge jurisdictional divergences. By contextualizing the Convention within legal theories of harmonisation and international private law, the study evaluates its ability to unify diverse domestic enforcement regimes without undermining national sovereignty.