Qatar recently ratified the UN Convention on International Settlement Agreements Resulting from Mediation, also known as the ‘Singapore Convention on Mediation’, according to the Qatar International Centre for Conciliation and Arbitration (Qicca).
Qicca board member for International Relations Sheikh Dr Thani bin Ali al-Thani said Qatar is the third state after Singapore and Fiji to ratify the Convention, which was signed by 52 countries.
In accordance with Article 14 (1), the Singapore Convention shall enter into force on September 12, 2020 (ie. six months after deposit of the third instrument of ratification, acceptance, approval or accession).
This Convention is a new multilateral treaty developed by the UN Commission on International Trade Law (Uncitral). The Convention provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes.
The primary goal of the Convention is to promote the use of mediation for the resolution of cross-border commercial disputes, as mediation is seen as not only a faster, less expensive form of dispute resolution but also as more likely to preserve commercial relationships.
In a statement to Gulf Times, Sheikh Dr Thani said mediation has been gaining popularity worldwide for many years as an alternative mechanism to resolve commercial disputes.
However, he said this has had limited scope in cross-border disputes because a settlement through mediation can only be enforced in the same way as any other contract.
“In an international context, this can prove to be difficult, lengthy, and costly. As such, there has been limited incentive to use mediation in international disputes as the New York Convention already provides a ready framework for enforcing arbitration awards in over 150 countries.
“The Singapore Convention is therefore a significant addition to the international dispute enforcement framework as it is effectively the mediation version of the New York Convention and, as such, will give teeth to mediated agreements in their own right across borders when ratified,” Sheikh Dr Thani said.
Qicca general counsel Dr Minas Khatchadourian said the Singapore Convention will make settlement agreements arising out of mediations “easier to enforce.”
If a Singaporean party to a mediated settlement has assets in Singapore or in any other Convention country, then the other party, such as a Qatari enterprise may be able to enforce the settlement agreement in an expedited manner under the Convention, Khatchadourian pointed out.
“With the entrance of the Convention into application next September, the courts of signatory countries are expected to handle applications — either to enforce settlement agreements, or to allow a party to invoke the agreement to prove that the matter has already been resolved.
“In short, the Singapore Convention gives Qatari companies an additional reason to consider the role of mediation in an overall dispute resolution strategy, and in the event of a successful mediation, they must structure their mediated settlement agreements to take full advantage of the Convention,” he added.
Khatchadourian: Easier to enforce
In accordance with Article 14 (1), the Singapore Convention shall enter into force on September 12, 2020 (ie. six months after deposit of the third instrument of ratification, acceptance, approval or accession).
This Convention is a new multilateral treaty developed by the UN Commission on International Trade Law (Uncitral). The Convention provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes.
The primary goal of the Convention is to promote the use of mediation for the resolution of cross-border commercial disputes, as mediation is seen as not only a faster, less expensive form of dispute resolution but also as more likely to preserve commercial relationships.
In a statement to Gulf Times, Sheikh Dr Thani said mediation has been gaining popularity worldwide for many years as an alternative mechanism to resolve commercial disputes.
However, he said this has had limited scope in cross-border disputes because a settlement through mediation can only be enforced in the same way as any other contract.
“In an international context, this can prove to be difficult, lengthy, and costly. As such, there has been limited incentive to use mediation in international disputes as the New York Convention already provides a ready framework for enforcing arbitration awards in over 150 countries.
“The Singapore Convention is therefore a significant addition to the international dispute enforcement framework as it is effectively the mediation version of the New York Convention and, as such, will give teeth to mediated agreements in their own right across borders when ratified,” Sheikh Dr Thani said.
Qicca general counsel Dr Minas Khatchadourian said the Singapore Convention will make settlement agreements arising out of mediations “easier to enforce.”
If a Singaporean party to a mediated settlement has assets in Singapore or in any other Convention country, then the other party, such as a Qatari enterprise may be able to enforce the settlement agreement in an expedited manner under the Convention, Khatchadourian pointed out.
“With the entrance of the Convention into application next September, the courts of signatory countries are expected to handle applications — either to enforce settlement agreements, or to allow a party to invoke the agreement to prove that the matter has already been resolved.
“In short, the Singapore Convention gives Qatari companies an additional reason to consider the role of mediation in an overall dispute resolution strategy, and in the event of a successful mediation, they must structure their mediated settlement agreements to take full advantage of the Convention,” he added.
