A New Phase in International Mediation
On 6 August 2025, Brazil ratified the United Nations Convention on International Settlement Agreements Resulting from Mediation—commonly known as the Singapore Convention—joining the list of State Parties to the treaty. With this ratification, Brazil has become the 19th Party to the Convention, which will enter into force for the country on 6 February 2026.
The Singapore Convention is an international legal instrument that ensures the recognition and enforceability of settlement agreements arising from mediation in the context of international commercial disputes. Brazil’s ratification sends a strong signal in favor of strengthening mediation as a dispute resolution mechanism across Latin America.
A notable aspect of the ratification is Brazil’s declaration of a reservation pursuant to Article 8(1)(a) of the Convention. Through this reservation, Brazil has excluded from the scope of the Convention any settlement agreements to which the Brazilian State, its organs, or any person acting on behalf of a state organ is a party. This raises a significant consideration for the enforceability of mediated agreements involving public entities in Brazil.
Reservation and Legal Effect
In line with Article 8(1)(a), Brazil’s reservation states that the Convention shall not apply to settlement agreements involving the State, its organs, or individuals acting on behalf of those organs.
This means that settlement agreements arising from mediation involving Brazilian public institutions may not be enforceable under the Singapore Convention. Parties engaging in public-private commercial relationships are advised to consider this exception when structuring their agreements.
In Brief
Brazil’s accession to the Singapore Convention is a development worth close attention in terms of institutionalizing international commercial mediation. The reservation affects only agreements involving public entities, and thus excludes them from the Convention’s enforceability framework.
However, this reservation does not affect the enforceability of cross-border mediated settlement agreements between private commercial parties. In this regard, Brazil joins the growing group of countries supporting the peaceful resolution of international commercial disputes through mediation.
Among Latin American countries, Paraguay, Ecuador, and Uruguay are also parties to the Singapore Convention. This reflects an increasing regional interest in mediation-based dispute resolution mechanisms.
At ADRİstanbul, we continue to monitor these developments both within the context of Türkiye and globally. We view the expansion of international mediation frameworks as a strategic step toward enhancing legal certainty, predictability, and sustainability in commercial relationships.
