Singapore Convention in Light of China’s Changing Mediation Scene

Abstract

The Singapore Convention on Mediation (also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, or the “Singapore Convention”) is a new Convention developed by the UNCITRAL to provide a uniform and efficient framework for the cross-jurisdictional recognition and enforcement of mediated settlement agreements. Although the Convention has yet to come into force, it has already been expected to greatly improve and promote the use of mediation in commercial settings, in domestic and cross-border contexts. This article offers some China-specific analytics by taking a look at the likely impact of the Singapore Convention in three areas, mediation law, the international commercial court, and the Belt and Road Initiative, and discusses why the current legal environment in China provides some excellent opportunities for mediation to be more widely adopted in China following signing of the Convention. It concludes that the Singapore Convention will elevate the status of mediation to one of the top cross-border dispute resolution mechanisms in China. However, further observations need to be conducted to ensure continuous development of mediation in China will not undermine a rule-based legal infrastructure.