The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a…

Update: As this post was published, the Singapore Convention Bill was passed into law. In previous blog entries, we have outlined the provisions of the United Nations Convention on International Settlement Agreements Resulting from Mediation (also known as the Singapore Convention on Mediation), reported on its signing ceremony and observed that more than 50 States…

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal…

Whether we are talking about arbitration, mediation or litigation, it seems that international dispute resolution systems are evolving rapidly. Think of the recent emergence of international commercial courts in ascendant global cities like Dubai and Singapore, the new UNCITRAL spotlight on reforming of investment arbitration, the United Nation’s adoption of the Singapore Convention on Mediation…

As the practice of cross-border mediation grows, it is imperative for legal and other professional advisers involved in drafting mediated settlement agreements (MSAs) to become familiar with how different courts deal with litigation about MSAs. In this post, we look at a recent 2019 decision of the Singapore High Court, Jumaiah bte Amir and Another…

For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because…

In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we…

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…

Here in Singapore, along with the rest of the world, we await the Trump-Kim Summit scheduled for Tuesday 12 June. What can we expect? While we may have learned to expect the unexpected from these two leaders, Donald Trump and Kim Jong-Un, recent media reports have highlighted one apparently predictable feature of Trump’s negotiation approach….