Convention on International Settlement Agreements Resulting from Mediation (the "Singapore Convention on Mediation")

The United Nations Convention on International Settlement Agreements resulting from Mediation (“Singapore Convention on Mediation” or “Convention”) was adopted by the United Nations General Assembly on 20 December 2018. General Assembly resolution 73/198 of 20 December 2018.

The Singapore Convention on Mediation was finalized at the fifty-first Commission session (A/73/17 para. 49).

The Working Group considered it from the sixty-third to the sixty-eighth sessions.

List of travaux préparatoires by document

The travaux préparatoires organized by article

The Working Group drafted a note that outlined the travaux préparatoires by article (A/CN.9/942). The documents from the travaux préparatoires are organized by article and, where relevant, organized by paragraph or issue within the article.

Terminology

Title

Preamble

Reference to "Party/Parties to the Convention"

Article 1. Scope of application

Article 1(1)

  • For information about the introduction of the generic term "settlement agreement", see A/CN.9/934, para. 17
  • Reference to “international agreements” was avoided in paragraph 1 as that expression often refers to agreements between States or other international legal persons binding under international law. For reference to this discussion, see A/CN.9/896, para. 146

For approval of article 1(1), see

For consideration of the matter at previous sessions, see

For consideration of the notion of internationality, see

Article 1(2)

For approval of article 1(2), see A/CN.9/934, para. 23.

For consideration of the matter at previous sessions, see

Article 1(3)

For approval of article 1(3), see A/CN.9/934, para. 24.

For consideration of the matter at previous sessions, see

Article 2. Definitions

Paragraphs 1 to 3 of article 2 (previously numbered art. 3, see A/CN.9/934, para. 139(ii)) contain definitions approved in substance by the Working Group. The Commission may wish to consider paragraph 4, which aims at clarifying the notions of “granting relief” and “seeking relief”. As these expressions may have a generic connotation, in particular when translated in different official languages of the United Nations, it is suggested to clarify that the expressions refer to possible actions under the draft convention as defined under article 3 (A/CN.9/934, para. 138).

Article 2(1)

For approval of article 2(1), see A/CN.9/934, paras. 26 and 28.

For consideration of the matter at previous sessions, see

Article 2(2)

For approval of article 2(2), see A/CN.9/934, para. 29.

For consideration of the matter at previous sessions, see

Article 2(3)

For approval of article 2(3), see A/CN.9/934, paras. 30–32.

For consideration of the matter at previous sessions, see

Article 3. General principles

Article 3

For approval of article 3, see A/CN.9/934, para. 25.

For consideration of the matter at previous sessions, see

Article 4. Requirements for reliance on settlement agreements

For approval of article 4, seeA/CN.9/934, paras. 37–39.

For consideration of the matter at previous sessions, see

Article 5. Grounds for refusing to grant relief

For approval of article 5, see A/CN.9/934, paras. 59 and 66.

For consideration of the matter at previous sessions, see

Article 6. Parallel applications or claims

For approval of article 6, see A/CN.9/934, para. 70.

For consideration of the matter at previous sessions, see

Article 7. Other laws or treaties

For approval of article 7, see A/CN.9/934, para. 71.

For consideration of the matter at previous sessions, see

Article 8. Reservations

Article 8(1)(a)

For approval of article 8(1)(a), see A/CN.9/934, paras. 77 and 93.

For consideration of the matter at previous sessions, see

Article 8(1)(b)

For approval of article 8(1)(b), see A/CN.9/934, paras. 79 and 93.

For consideration of the matter at previous sessions, see

Article 8(2) through article 8(2)(5)

For approval of article 8, paragraphs (2) to (5), see A/CN.9/934, paras. 81–93.

Article 9. Effect on settlement agreements

Articles 10 - 16.

Other Matters

(i) General Assembly resolution

For consideration by the Working Group of the form of the instruments, see A/CN.9/901, paras. 52 and 89–93 and /CN.9/896, paras. 135–143 and 211–213.

For approval of the draft text in para. 25 above at the sixty-eighth session of the Working Group, see A/CN.9/934, paras. 140–142.