The Singapore Convention in Terms of Ethical and Conduct Standards for Mediation

Abstract

This study examines the provisions of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) concerning mediator ethical standards and their impact on cross-border enforceability. In particular, it evaluates the possibility of refusing recourse to legal remedies under Article 5(1)(e) of the Convention where a mediator has committed a serious breach of the applicable ethical standards and that breach has influenced a party’s decision to enter into the settlement agreement. The study addresses the uncertainties arising from differences in the ethical standards applicable to mediation processes across various legal systems and considers the implications of such differences for the enforcement of international settlement agreements. It also analyses the doctrinal criticisms directed at Article 5 of the Convention and highlights the significance of the Turkish Mediators’ Code of Ethics within the framework of the Singapore Convention. The study concludes that the development of ethical standards in a manner that is clear, predictable, and consistent with international practice is a fundamental requirement for ensuring the reliability and enforceability of settlement agreements reached through mediation.