UK outlines plan to ratify Singapore Convention on Mediation

Beth Pendock of Pinsent Masons added that the UK government’s announcement was “promising” and “solidified the government’s commitment to cementing the UK as a champion of the Singapore convention and an attractive place to mediate international disputes.”

It comes after justice minister Lord Bellamy KC announced that the UK had signed the convention and revealed plans to ratify it next year. In a letter addressed to the chair of the Justice Select Committee last month, he said ratification would likely take place in 2024 before the convention comes into force across the UK six months later.

The government initially confirmed the UK's intention to become a party to the convention in March. Ratification of the convention will require parliament’s approval, with new implementing legislation and rules put in place in England and the UK’s devolved nations

Michael Fletcher of Pinsent Masons said the announcement would help to “maintain the momentum” after the government’s decision to sign the convention in May. “With 56 signatories, but only 11 ratifications, the UK’s decision will help it to ‘champion the convention internationally’ and ‘encourage further ratifications’ as the government stated in its recent consultation.”

The Singapore Convention, which opened for signature in August 2019, aims to provide reassurance that cross-border mediation outcomes will be recognised and enforced outside of the host jurisdiction. Parties to a settlement agreement which has been signed in one country will be able to enforce or invoke it in another country, provided the country in which enforcement is sought is a member of the convention and the settlement agreement is within the convention’s scope. Convention member states may establish new expedited procedures to give effect to this.

Pendock said that, despite the positive step, some uncertainty remained over how the convention would be implemented. “Once the convention is ratified, for example, court rules across England and Wales, Scotland and Northern Ireland, will need to be amended to permit the enforcement of mediated agreements and facilitate the implementation of the Convention in each jurisdiction. It remains to be seen how the government plan to accomplish this complicated reform,” she added.