Enforcing cross-border mediation settlement agreements
Enforcing cross-border mediation settlement agreements

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

  • Enforcing cross-border mediation settlement agreements
  • MSE Orders—explicit consent
  • MSE Orders—application
  • MSE Orders—foreign currency
  • MSE Orders—Public access to court documents
  • Singapore Mediation Convention

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering settlement through mediation. For guidance, see: Cross border considerations—checklist—Settlement—Brexit specific and Cross border considerations—checklist—Brexit—impact on CPR.

This Practice Note deals with how to seek to enforce a cross-border mediated settlement agreement. It covers enforcement of mediation settlement agreements between EU Member States under the Mediation Directive which applies in the UK under the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133. This Practice Note considers enforcement under the Mediation Directive using an MSE Order including how to make an application to the UK court for an MSE Order (CPR 78.24), public access to court documents and what to do if the MSE Order is expressed in a foreign currency. The Practice Note also considers the enforcement of a cross-border mediation settlement agreement between the convention states of the United Nations Convention on international settlement agreements resulting from mediation (the Singapore Mediation Convention) and provides a summary on the conventions scope and its potential impact in the field of mediation.

MSE Orders—explicit consent

Underlying the process of seeking a MSE Order is the requirement for all parties to the mediation to have given their explicit consent to the application being made (CPR 78.24(1)). The court will not make an order unless