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
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
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