Enforcing Settlement Agreements

Contracting parties will have some time to ensure that their agreements comply with the requirements of the Singapore Agreement. The agreement will enter into force six months after the third signatory signs the agreement. At the time of this article, no signatories have ratified the convention, although many expect it to enter into force by the end of 2020. On 6 January 2020, Singapore took the first step in giving the agreement the effect of dissemination by introducing the “Singapore Convention on the Law on Mediation” to the Singapore Parliament. The bill will transpose the convention into Singapore`s national law and will be the first of three ratifications needed to bring the convention into force. The differences between mediation and mediation have been the subject of much discussion. While jurisdictions around the world use terms interchangeably, Indian courts have often distinguished between them. This is evident from the decision of the Supreme Court of India in the case of the Salem Advocate Bar Association/. Union of India (2005) 6 CSC 344. This difference in treatment poses extreme difficulties in implementing a negotiated conciliation agreement. Party autonomy, which is generally the basis of a conciliation agreement, aims to eliminate the traditional application phase.

Unfortunately, in cases where one of the parties unilaterally decides to violate this conciliation agreement, it is very surprising to know what is good for the other party. While these exceptions are narrow, they can raise some challenges. While it is unlikely that an agreement will be “evacuated” if it is not legally an exception, the language of the agreement may give rise to litigation that may delay its implementation. For example, there could be factual discussions about whether an agreement “cannot be reached” or whether an agreement is “understandable.” Even if these challenges were ultimately not successful, they would nerm the Convention`s objective of requiring full litigation to enforce the terms of the agreement.