The Singapore Convention on Mediation: Key Provisions, Potential Legal Advantages and Risks of Participation for the Russian Federation

The Singapore Convention on Mediation is an international treaty developed and adopted within the framework of UNCITRAL and designed to promote the amicable settlement of disputes through mediation. The Convention establishes a legal framework for the right to invoke and enforce international settlement agreements resulting from mediation and concluded to resolve commercial disputes (settlement agreements). This review (in Russian) analyzes the key provisions of the Convention, specific aspects of its application, its implementation in selected foreign jurisdictions, as well as the legal advantages and risks of Russia’s potential participation in it. Particular attention is paid to the existing Russian regulation, which does not provide for a specific mechanism for invoking and enforcing such settlement agreements. The analysis concludes that Russia’s potential participation in the Convention may simplify the procedure for invocation and enforcement of settlement agreements and increase confidence in mediation, including as a means of resolving disputes involving Russian parties. The possible legal risks of Russia’s participation in the Singapore Convention are limited and may be minimized in view of both the very nature of mediation and the provisions contained in the Convention. At the same time, becoming a party to the Convention would not require a comprehensive reform of Russian legislation.

https://doi.org/10.65556/OPCC1900