CONVENŢIA DE LA SINGAPORE CU PRIVIRE LA RECUNOAŞTEREA ŞI EXECUTAREA ACORDURILOR DE MEDIERE. IMPLICAŢIILE JURIDICE ALE CONVENŢIEI ASUPRA LEGISLAŢIEI NAŢIONALE ŞI EUROPENE
SINGAPORE CONVENTION ON INTERNATIONAL SETTLEMENT AGREEMENTS RESULTING FROM MEDIATION. LEGAL IMPACT ON NATIONAL AND EUROPEAN REGULATIONS

Summary/Abstract: United Nations Commission on International Trade Law was interested in adopting efficient regulations in order to promote and sustain alternative dispute resolution mechanisms. In 1980 UNCITRAL Conciliation Rules and in 2002 UNCITRAL Model Law on International Commercial Conciliation and starting 2014 the UNCITRAL Working Group II started to develop regulations in order to encourage international mediation as an efficient instrument to deal with cross border disputes. UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation and Singapore Convention on Mediation are important international regulations on enforcing settlement agreements resulting from mediation, generating a boost for this alternative dispute resolution mechanism. The Singapore Convention was open for signing in august 2019. The aim of the Convention is to increase the enforceability of settlement agreements resulted from mediation procedure. According to this Convention the settlement agreements resulted from mediation will be enforced much more easier in an expedited way following the criteria of international settlement agreement resulted from mediation, an agreement that does not fall within the excluded category of settlement agreements and there is no ground to refuse enforcement applies. The Singapore Convention on Mediation complements the existing international dispute resolution enforcement frameworks in arbitration the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award, and litigation – the Hague Convention on Choice of Court Agreements and the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. The Singapore Convention needs to be implemented in national legislation and furthermore, guidelines will be issued. Each contracting state will regulate the mode of enforcement according to its own procedure and under the conditions of the present Convention. In the European Union mediation is regulated by Directive 52/2008/EC, Regulation 1215/2019 the Brussels I on the civil and commercial matters and Regulation 650/2012 with succession and Regulation 2201/2003 Brussels II with family law matters. These Regulations apply to cross border enforcement of settlement agreements but it is not a direct enforcement. EU has the competence to ratify the Singapore Convention and to amend Regulations accordingly.

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