SINGAPORE CONVENTION ON MEDIATION
The Singapore Convention aims to promote mediation as an alternative, fast, cheap, and effective method of facilitating international trade and resolving commercial disputes, to provide certainty and stability to the mediation solution method at the international level, and to deliver a binding and enforceable quality of the document resulting from the mediation at the international level. The Singapore Convention has been prepared by a working group formed by the United Nations Commission On International Trade Law (“UNCITRAL”), its official name is United Nations Convention on International Settlement Agreements Resulting from Mediation, but it is referred to as the Singapore Convention on Mediation or the Singapore Convention since it was opened for signature in Singapore and Singapore played a major role in the process. This convention has been signed by 54 countries, including Turkey. Article 14 of the convention states that the convention will enter into force 6 months after the third approval. The convention was signed by the Republic of Fiji, the State of Qatar, and the Republic of Singapore, and this requirement was fulfilled on 12.03.2020. Accordingly, the Convention entered into force 6 months after this date, on 12.09.2020.
Turkey ratified the “United Nations Convention on International Settlement Agreements Resulting from Mediation” on 11 March 2021 by way of enacting Law Regarding the Approval of the United Nations Convention on International Settlement Agreements Resulting from Mediation numbered 7282, which entered into force on its publication date, 11 March 2021. The Law No. 7282 approved by the Turkish Grand National Assembly was approved by the Presidential Decree No. 9 on April 22, 2021. Pursuant to Article 14 of the said law, after all prosedures are completed Singapore Mediation Convention entered into force in Turkey on 11 April 2022.
|State||Notes||Signature||Ratification and Approval||Entry into Force|
|United States of America||07/08/2019|
|Democratic Republic of the Congo||07/08/2019|
|Iran (Islamic Republic of)||(a)||07/08/2019|
|Republic of Korea||07/08/2019|
|Lao People’s Democratic Republic||07/08/2019|
|Venezuela (Bolivarian Republic of)||07/08/2019|
(a) This State declared upon signature:
“The Government of the Islamic Republic of Iran seizes the opportunity at this moment of signing ‘the United Nations Convention on International Settlement Agreements Resulting from Mediation’, to place on the record its ‘understanding’ in relation to provisions of the Convention, bearing in mind that the main objective for submitting this declaration is the avoidance of eventual future interpretation of the following articles in a manner incompatible with the original intention and previous positions or in disharmony with national laws and regulations of the Islamic Republic of Iran.
It is the understanding of the Islamic Republic of Iran as well as reservations that:
the Islamic Republic of Iran has no obligation to apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party, to the extent specified in the declaration;
The Islamic Republic of Iran will apply this Convention only to the extent that the parties to the settlement agreement have agreed to the application of the Convention;
The Islamic Republic of Iran may have the choice to make reservations upon ratification;
The Islamic Republic of Iran, in accordance with the relevant provisions of the Convention, reserves the right to adopt laws and regulations to co-operate with the States.”
Reservations or other notifications
(b) It shall not apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or anyperson acting on behalf of a governmental agency is a party, to the extent specified in the declaration.