SCMC Held a Training Seminar on “Singapore Convention and the New Global Enforcement of International Mediation Agreements”

In July 2014, the United Nations Commission on International Trade Law (hereinafter referred to as "UNCITRAL") decided at its 47th session to draft a convention aimed at encouraging the settlement of commercial disputes through mediation. After four years efforts, the United Nations Convention on International Settlement Agreements Resulting From Mediation (hereinafter referred to as the Singapore Convention) was formally adopted on June 27, 2018 at seven member state seminars and four sessions of the UNCITRAL. The Singapore Convention, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (hereinafter referred to as the New York Convention) and the Choice of Court Convention (2005) (hereinafter referred to as the Hague Convention) adopted by the Second Diplomatic Conference of the Hague Conference on Private International Law, constitute three basic legal documents for the international recognition and enforcement of mediation, arbitration and litigation in civil and commercial disputes.  As the Singapore Convention is to be opened for signature in Singapore in August 2019, SCMC in collaboration with Judicial Arbitration and Mediation Services, Inc. (JAMS) and DORSEY & WHITNEY LLP held a training seminar on New Era of International Commercial Mediation - Singapore Convention and the New Global Enforcement of International Mediation Agreements in the Conference Hall of SCMC on the morning of April 12 .


Wei Sun, representative of China observer in the UNCITRAL and Equity partner of the Zhong Lun Law Firm; with Ranse Howell, director of the International Business Department of JAMS ADR, respectively conducted in-depth discussions on the promulgation and implementation of the Singapore Convention. Wei Zhang, director of SCMC, expressed her views on the Singapore Conventions international impact, the promoting role for the ADR development in China, and the opportunities and challenges that SCMC will face after the official signature of the Singapore Convention.


     Ms. Zhang expressed her views on the significance of  Singapore Convention


Lawyer Sun introduced the background, scope of application, general principles and grounds for refusing to grant relief of the Singapore Convention. Sun reminded the participants that the scope of application of the Singapore Convention no longer specifically refers to the recognition, legal effect or enforcement of the settlement agreement, but only refers to the definition of the settlement agreement - because the working group believed that the term recognition, legal effect and enforcement may have different meanings in different jurisdictions.


           Lawyer Sun discussed the international impact of the Singapore Convention


Ranse Howell, director of the International Business Department of JAMS ADR, commented on two topics of What is the Singapore Convention? and How can it benefit China and the region business?.  Ranse pointed out that the Singapore Convention will bring about the same legal effect as the recognition and implementation of the New York Convention for mediation. The formulation of the Singapore Convention faces a challenge of ACTION - Assumptions, Creativity, Time, International, Opportunity, No (dealing with it); Ranse also pointed out that China needs to consider the ideas, applications, benefits and challenges of the Singapore Convention.


          Ranse discussed the international impact of the Singapore Convention


Although this seminar was originally an internal training of SCMC, has received attention and active participation of professionals from all sides. Judges of The Shanghai Higher Peoples Court, Pudong District Peoples Court and Qingpu District Peoples Court; legal counsels of the Bank of China, China Eastern, Honeywell, Medtronic, Coke and other multinational enterprises; Teachers and students from NYU, SJTU, SHUPL and other schools all participated in this seminar. At the end of this seminar, the legal professionals present participated in the interactive discussion by asking questions. SCMC believes that the signing of the Singapore Convention will definitely bring a spring breeze to the field of commercial mediation. The successful holding of this seminar is also a preparation for China's signature to the Singapore Convention and will also play a role in the Chinas ADR development of civil and commercial disputes.


Legal professionals participated this seminar


     Legal professionals asking questions of the Singapore Convention


    

      Lawyer Sun, Ranse and Mediator Peter conducting communication