Comparative Analysis of the Singapore Convention in Light of the New York and Hague Choice of Court Conventions

Abstract

The United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) is an international convention on cross-border relief for commercial settlement agreements. It is an important legal instrument on resolving commercial disputes through mediation. This chapter provides a focused analysis of the Singapore Convention’s core provisions, including the scope of application, general principles, grounds for refusing to grant relief, and reservations together with a comprehensive interpretation of key concepts such as “settlement” and “mediation.” Meanwhile, this chapter also provides a comparative study of the relevant provisions from the Singapore Convention against those from the New York Convention and the Hague Choice of Court Convention in light of Chinese laws and regulations. Finally, this article reaches the conclusion that China should actively seek to accede to the Singapore Convention and improve relevant domestic laws and regulations in an effort to accelerate the diversification of civil and commercial dispute resolution regimes, which will help the establishment of a community of shared future for mankind.