Our speakers at this event are Professors Khory McCormick and Rajesh Sharma. They provided unique insights into the Convention and its intended operation, lead a discussion about the consequences of our failure to sign, and suggest solutions.

1. Should Australia Sign the
Singapore Convention?!
Dr. Rajesh Sharma
RMIT University
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2. Thanks for Initiating this Discussion
• Vasantha Stesin
• Resolution Institute
• Victoria Bar Association
• Victorian Association for Dispute Resolution
• Pitchers’ Partners---for providing the venue
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3. 7 August 2019 in Singapore
• The Singapore Convention was open for signature
• 46 Countries signed on that day ( few days ago only 23 countries confirmed)
• The USA, China, India, Israel, Jordan, Malaysia, South Korea, Philippines
• Some small countries also signed: Fiji, Samoa, Palau,
• Some countries going through re-building process also signed: Afghanistan, Sierra Leone,
Timor-Leste, Ukraine
• Only 2 countries took reservation (Iran and Belarus)
• Later 5 more countries (Armenia, Gabon, Ecuador) Signed- Total 51 countries have signed
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4. Did Australia miss the flight?
• Though several Australian professionals were present in Singapore
• Australia was active participant at UNCITRAL during drafting
• Why Australia did not sign?
• What went wrong?
• No official or unofficial reason
• Is it a pattern?
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5. Is this Convention bad for Mediation?
• Businesses wanted it
• Strong reasons were given
• Surveys supported it
• It makes the international commercial mediation complete by providing
direct enforcement to settlement agreements.
• It gives “Mediation” an effectiveness as a dispute resolution process in
international context
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6. Would it take away job of lawyers?
• No—it will give them more jobs
• Settlement agreement will come before a court
• Lawyer will have to argue to enforce it or to resist it.
• A new type of work and expertise will develop.
• Can Australian Lawyers handle such jobs—certainly yes—They are capable
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7. Would it be difficult for Judges?
• No
• They are very smart, intellectual and contributed in the development of
jurisprudence in Common Law world
• There are few innovating use of established/known principles in the
Convention
• With information on drafting history/commentary judges can interpret and
apply the Singapore Convention.
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8. Are there legal landmines in the Convention?
• No
• All legal concepts are known and there are jurisprudence available
• Eg: “International”, “Commercial”, “Mediation”, “Evidence of Mediation”, “Signature”,
“Incapacity”, “null”, “void”, “Incapable of being performed”, “Incomprehensible”, “deemed
law”, “Mediability”, “public policy”
• No use of “Recognition” and “Enforcement” but their functional aspects are included as
“seeking relief”, “granting relief” “refusal of grant of relief”, ”to prove that the matter is already
resolved”
• No link to “seat” of mediation so no “setting aside”
• In order to find the intention-–drafting history is available, publications by drafters are available
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9. Are there any Safeguards?
• Yes
• Public Policy
• Mediability
• Reservations –(i)to exclude government/government entities (ii) parties can
agree not to use the Singapore Convention on thier agreements
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10. Unfinished business
• Not by UNCITRAL
• Profession needs to take initiative in developing:
• 1. Standards of Mediator and Mediation process
• 2. Guidelines on Conflict of Interests re Mediators
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11. IF--
• It is good for mediation
• It is good for mediators
• It is good for lawyers
• It is good for businesses
• Then why Australia did not sign or has not signed yet?
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12. Who decides?
• Government or Profession or Judiciary or Lawyers
• If government has not decided yet then could Mediators professionals,
lawyers, judiciary request Australian government to sign the Singapore
Convention
• It is related to mediation profession and lawyers so at least they should have
some say!
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13. In Principle
• Could the profession agree today that the Singapore Convention is useful
instrument which government should sign?
• Work towards strategy to convince government
• Work out a system for future---new rules are coming--the Hague Convention, ISDS
Reform,
• Take part in rule making at international level
• How to share information about new rules -Frequent-discussions and deliberations
between stake holders and delegates—to develop Australian Position
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14. Let’s Hope
• That Australia will sign the Singapore Convention soon or in near future
Best of Luck
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15. Information About the Convention
• Text of the Singapore Convention
• https://uncitral.un.org/sites/uncitral.un.org/files/media-
documents/EN/Texts/UNCITRAL/Arbitration/mediation_convention_v1900316
_eng.pdf
• Travaux préparatoires (Drafting History)
• https://uncitral.un.org/en/texts/mediation/conventions/international_sett
lement_agreements/travaux
• Audio Recordings
• https://uncitral.un.org/en/audiorecordingstemporary
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