An Implied Ground for Refusal to Enforce iMSAs Under the Singapore Convention on Mediation: The Effect of Article 6

Kluwer Mediation Blog (2019)

3 Pages Posted: 12 Mar 2019

See all articles by Shou Yu Chong

Shou Yu Chong

Singapore International Dispute Resolution Academy

Nadja Marie Alexander

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance; Singapore International Dispute Resolution Academy

Date Written: February 17, 2019

Abstract

This post is part of a series on the UN Convention on Mediated Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation). In previous posts we have outlined the conventional view that Article 5 of the Singapore Convention establishes exhaustively all the possible exceptions to the enforcement of iMSAs that have otherwise have complied with the requirements set out under Article 4. In this post we question this initial position and ask whether there is an implied ground for refusal to enforce iMSAs under the Singapore Convention made available through an application of Article 6.

Keywords: Singapore Convention on Mediation, Article 5, Article 6, Defences, International Mediated Settlement Agreements, Private International Law, Recognition of Foreign Judgments

Suggested Citation

Chong, Shou Yu and Alexander, Nadja Marie, An Implied Ground for Refusal to Enforce iMSAs Under the Singapore Convention on Mediation: The Effect of Article 6 (February 17, 2019). Kluwer Mediation Blog (2019), Available at SSRN: https://ssrn.com/abstract=3338255

Shou Yu Chong

Singapore International Dispute Resolution Academy

Singapore

Nadja Marie Alexander (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

Singapore International Dispute Resolution Academy ( email )

Singapore Management University
55 Armenian St
Singapore, 179943
Singapore
179943 (Fax)

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