An implied ground for refusal to enforce iMSAs under the Singapore convention on mediation: The effect of Article 6

• Main Authors: CHONG, Shouyu, ALEXANDER, Nadja
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2019
• Subjects: Singapore Convention on Mediation; Article 5; Article 6; Defences; International Mediated Settlement Agreements; Private International Law; Recognition of foreign judgments; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/2894; https://ink.library.smu.edu.sg/context/sol_research/article/4852/viewcontent/An_implied_ground_for_refusal_to_enforce_iMSAs_under_the_Singapore_Convention_on_Mediation__The_Effect_of_Article_6__Feb_16_2019.pdf
• Institution: Singapore Management University

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.