In addition, Article 3 deals with the main obligations of the parties to the agreement, both with respect to the application of the transaction agreements and the right of a litigant to avail themselves of a transaction agreement governed by the agreement. Any party to the convention can define the procedural mechanisms that can be followed if the convention does not impose requirements. Article 4 includes the formalities of recourse to a transaction agreement, i.e. the party to the dispute provides the relevant authority with the transaction contract it has signed and proves that the transaction agreement is the result of mediation. The competent authority may require any documents necessary to verify that the requirements of the convention are being met. The United States first launched a proposal in 2014 to develop a multilateral agreement for the codification of international trade agreements through mediation. Prior to the entry into force of the Singapore Convention on Mediation, the only multilateral legal instruments for the settlement of international trade disputes were the various international litigation instruments under the Hague Convention on Private International Law and the New York Convention, which provided for arbitration proceedings in such disputes. Article 8 contains reservations. A first reservation allows a contracting party to exempt from the application of the conventions to which it has adhered or to which the public authorities or persons acting on behalf of a government authority are parties, to the extent indicated in the declaration. A second reservation allows a party to the agreement to declare that it applies the agreement only if the parties have accepted its application. The UN Convention on International Mediation Agreements (Singapore Convention) will enter into force on 12 September 2020. The agreement culminates with three years of discussions on the implementation of the international resolution between 85 Member States and supports the mediation process and its role in the international settlement of trade disputes.
It is at the forefront of the direct implementation of negotiated transaction agreements (AMAS) and was born out of a desire to look at the implementation of comparisons obtained through the mediation process. The Singapore Agreement must become an essential instrument to facilitate international trade and promote mediation as an alternative and effective means of resolving trade disputes. It ensures that an agreement between the parties becomes binding and enforceable in a simplified and streamlined procedure. It thus helps to strengthen access to justice and the rule of law. As the International Mediation Institute and UNCIT note, mediation, as a means of resolving international disputes, is on the rise as opposed to litigation or arbitration proceedings. The perceived benefits of mediation are that it is faster, less costly and more likely to maintain commercial relationships than international arbitrations or litigation. The international implementation of these negotiated comparisons is now facilitated by the Singapore Convention on Mediation, which is particularly important in times of uncertainty in international affairs, such as the COVID 19 pandemic. Several other important factors have influenced the growing use of mediation in international dispute settlement, including china`s Belt and Road initiative, a multi-billion euro infrastructure development strategy in Asia and Europe, and increased trade and investment related to the Trans-Pacific Partnership. This Convention promotes mediation which, in certain circumstances, may be a more effective method of resolving disputes than arbitration or court proceedings. However, in order to enter the scope of this Convention, a mediator must assist the parties in reaching its transaction agreement; Therefore, the parties cannot only reach an agreement themselves.