Industry Consultation – Singapore Convention

The Australian Attorney-General’s Department is currently considering Australia’s position in relation to the Singapore Convention on Mediation, which recently entered into force on 12 September 2020.

As part of this process, the Department has published a consultation paper available at https://www.ag.gov.au/legal-system/consultations/singapore-convention-mediation and invites public submissions on the topics raised by Monday 23 November 2020.

We encourage you to make a written submission to pil@ag.gov.au if you have an interest in the operation of the Singapore Convention.

What is the Singapore Convention?

The Singapore Convention establishes a uniform framework for the recognition and enforcement of mediated settlement agreements across borders. It does this by requiring the courts of all Contracting Parties to enforce an international mediated settlement agreement unless an exception applies.

The Singapore Convention aims to facilitate international trade and commerce and to promote mediation as an alternative, effective dispute resolution option in the context of cross-border commercial disputes.

Currently, there are 52 signatories to the Convention including the USA, Canada, China, India, Israel, Malaysia, the Philippines, the Republic of Korea, and Singapore. As of 12 October 2020, six states have ratified the Singapore Convention: Belarus, Ecuador, Fiji, Qatar, Saudi Arabia, and Singapore.

The consultation paper seeks views on whether Australia should become a Party to the Singapore Convention.

https://www.ag.gov.au/legal-system/consultations/singapore-convention-mediation

Here is a copy of the Singapore Convention