Cross-border mediations
Cross-border mediations

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Cross-border mediations
  • Singapore Mediation Convention
  • International mediation processes—jurisdictional guides
  • UK and the Mediation Directive (Brexit impact)
  • The EU and the Mediation Directive

This Practice Note considers the different cross-border mediation regimes available to those involved in mediations. The application of the regimes is limited in relation to England and Wales. It covers the Singapore Mediation Convention, International jurisdiction guides and the EU Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters. The implications of the UK’s withdrawal from the EU on the continued relevance of this directive is considered at Brexit and the Mediation Directive below.

Singapore Mediation Convention

The United Nations Convention on International Settlement Agreements Resulting from Mediation commonly known as the Singapore Convention on Mediation or the Singapore Convention came into force on 12 September 2020. It is currently not in force for the UK.

The primary goals of the convention are to facilitate international trade and promote the use of mediation for the resolution of cross-border commercial disputes. It provides a framework for the enforcement of international settlement agreements resulting from mediation. The convention sets out obligations for the contracting states and also provides that certain reservations may be made.

For guidance on the Singapore Mediation Convention, see Practice Note: Singapore Convention on Mediation.

International mediation processes—jurisdictional guides

For guidance on the mediation processes available in individual countries, see: International mediation guides—overview.

UK and the Mediation Directive (Brexit impact)

The Mediation Directive 2008/52/EC was brought into UK law by The Cross Border Mediation (EU Directive) Regulations 2011, SI 2011/1133. These

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