The Rules Governing the International Commercial Dispute Settlement System in the Singapore Convention
Subject Areas : Journal of Law and Politics
Kamel Hamid
1
,
Ali Rostamifar
2
,
Hamid Ghasemi
3
1 - Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
2 - Department of Private Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
3 - Assistant Professor; Department of Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran
Keywords: Commercial Conciliation, Mediation, Singapore Convention, Dispute Resolution,
Abstract :
The United Nations Convention on International Agreements for the Settlement of Commercial Disputes, entitled the Singapore Convention (on Mediation), entered into force on September 12, 2020. Before the ratification and implementation of this convention, the international agreements for the settlement of disputes through mediation did not have an enforceable character; This means that the losing party usually ignored the arbitrator's decision that was against him. Indeed, the Convention provides a harmonized framework for the cost-effective and expeditious implementation of enforceable arbitration agreements instead of arbitration. The Singapore Convention tries to provide a framework for the implementation of mediated settlement agreements related to international commercial matters in an integrated and coordinated manner (such as the New York Convention and the Hague Convention). According to this convention, countries that ratify it are responsible for settlement agreements and provide for the chapter resulting from mediation based on their internal laws and at the same time through national courts and in a simplified manner, as stipulated in the text of the convention. In this research, which was compiled using a descriptive and analytical method, it is concluded that the Singapore Convention, in terms of special rules in the field of mediation, facilitates international trade by transforming mediation into an efficient and reliable method, with a binding and enforceable definition. It is for resolving disputes in addition to arbitration and judicial proceedings in order to create certainty and stability in the field of international commercial mediation.
