싱가포르조정협약상 조정에 의한 국제화해합의의 집행에 있어서 준거법 - 협약의 소개를 겸하여 -

The United Nations Convention on International Settlement Agreements resulting from Mediation(‘the Singapore Mediation Convention’) was negotiated by the United Nations Commission on International Trade Law (‘UNCITRAL’) on 20 December 2018 and entered into force on 12 September 2020. It currently has 55 signatories and 10 parties have ratified it. The Singapore Convention establishes a legal framework for the recognition and enforcement of international commercial mediated settlement agreements(MSA) similar to that provided by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards(‘New York Convention’) for the Recognition and Enforcement of Foreign Arbitral Awards. It is an instrument for the facilitation of international trade and the promotion of mediation as an alternative and effective method of resolving trade disputes. Contracting States are obliged to ensure that international commercial mediated settlement agreements are enforced by their courts. Like the New York Convention concerning arbitral awards, the Singapore Convention identifies limited grounds to decline summary enforcement of a mediated settlement agreement. Article 5 of the Singagpore Convention defines the grounds upon which a competent court may fail to grant relief at the request of the disputing party against whom it is invoked. This articles introduces the Singapore Mediation Convention and analyzes the applicable law in the the enforcement of mediated settlement agreements under the Singapore Mediation Convention.