Statute Details
- Title: Singapore Convention on Mediation Act 2020
- Act Code: SCMA2020
- Full Title: An Act to give effect to the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation), opened for signature on 7 August 2019 in Singapore
- Type: Act of Parliament
- Status (as provided): Current version as at 27 Mar 2026
- Key Purpose: Enables certain “international settlement agreements” arising from mediation to be recorded/enforced in Singapore, and to be invoked in court proceedings
- Key Sections (from extract): s 4 (applications to record/invoke), s 5 (permission to record as High Court order), s 6 (requirements/documents), s 7 (grounds for refusing), s 8 (setting aside), s 9 (parallel applications/claims), s 10 (Rules of Court), s 11 (regulations)
- Schedule: Text of the UN Convention (Singapore Convention on Mediation)
- Related Legislation (provided): Judicature Act 1969; Mediation Act 2020
What Is This Legislation About?
The Singapore Convention on Mediation Act 2020 (“SCMA”) is Singapore’s domestic legislation giving effect to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation”). In plain terms, it provides a legal pathway for parties to a cross-border commercial dispute to rely on a settlement reached through mediation—by enabling that settlement to be recorded as a court order in Singapore (subject to conditions) and to be invoked in Singapore court proceedings.
The core policy behind the Convention is to make mediated settlements more “enforceable” and commercially reliable across borders. Historically, mediation settlements were often treated as contractual arrangements, enforceable mainly through ordinary contract principles. The SCMA strengthens the practical value of mediation by allowing qualifying international settlement agreements to receive a Singapore court’s imprimatur, and by setting out a structured framework for refusal and setting aside.
Scope-wise, the SCMA is not a general mediation statute. It is a targeted enforcement/invocation statute for a specific category of agreements: “international settlement agreements” that result from mediation and resolve a “commercial dispute” and are concluded in writing. The Act also contains exclusions reflecting the Convention’s own carve-outs and Singapore’s reservations (where applicable).
What Are the Key Provisions?
1. Definitions and the type of mediation settlement covered (s 2). The Act defines “mediation” broadly to include processes called “mediation”, “conciliation”, or similar terms, where parties attempt to reach an amicable settlement with the assistance of one or more third parties (the mediator) and the mediator lacks authority to impose a solution. This is important: the SCMA is designed for consensual outcomes, not for processes where a third party effectively decides the dispute.
The Act also defines “settlement agreement” as an agreement resulting from mediation, concluded in writing by the parties to resolve a commercial dispute. “In writing” is interpreted flexibly: it includes any form of recorded contents, and the requirement is met by electronic communications if the information is accessible for subsequent reference. This supports modern execution practices (e-signatures, email exchanges, and settlement platforms), but still requires that the settlement terms be recorded and retrievable.
2. When the Act applies and key exclusions (s 3). Section 3 provides that the SCMA applies to a settlement agreement that is “international” within the meaning of the Convention at the time of its conclusion. It also excludes certain settlement agreements mentioned in the Convention (for example, those falling within the Convention’s exclusions) and excludes agreements where Singapore has made a reservation under Article 8 and the reservation has not been withdrawn.
For practitioners, the “international” and “reservation” filters are often the first gatekeeping steps. Before advising on enforcement strategy, counsel should map the dispute and parties to the Convention’s international criteria and check whether any Singapore reservation affects the particular category of settlement.
3. What parties can do in Singapore: record as an order or invoke in proceedings (s 4). Section 4 is the operational heart of the SCMA. Subject to the Act, a party to an international settlement agreement may:
- Apply to the High Court to record the agreement as an order of court for two purposes: (i) enforcing the agreement in Singapore; and (ii) invoking the agreement in any Singapore court proceedings involving a dispute concerning a matter the party claims was already resolved by the agreement (to prove the matter has already been resolved).
- In existing High Court or Court of Appeal proceedings (where the party is involved and the dispute concerns a matter allegedly resolved by the settlement), apply to invoke the agreement in those proceedings to prove the matter has already been resolved.
Practically, s 4 gives two procedural routes: a proactive route (recording as an order) and a defensive route (invoking the settlement to show the issue is already resolved). The second route is particularly useful when a counterparty attempts to litigate or re-litigate matters that the settlement was meant to close.
4. Permission to record and the effect of recording (s 5). Under s 5(1), the High Court may grant permission to record an international settlement agreement as an order of court if the requirements of the Act are complied with. Once recorded, s 5(2) provides that the recorded agreement:
- May be enforced in the same manner as a High Court judgment or order; and
- May be relied on by the applicant by way of defence, set-off, or otherwise in any court proceedings.
This is a significant shift in practical leverage. A recorded settlement is not merely a contract claim; it is treated procedurally like a court order for enforcement and litigation strategy.
5. Document and evidence requirements (s 6). Section 6 sets out what an applicant must provide. Before the court, the party must provide:
- The international settlement agreement signed by the parties (or a certified copy);
- Evidence that the settlement resulted from mediation, such as the mediator’s signature on the settlement, a mediator’s document indicating mediation was carried out, an attestation by the administering institution, or other acceptable evidence;
- Any necessary documents the court may require to verify compliance with Convention requirements;
- If the agreement is not in English, a certified English translation.
Section 6 also addresses electronic communications: the “signed” requirement can be satisfied if a reliable method identifies the parties/mediator and indicates intention, and the method is either appropriate in light of circumstances or proven in fact to have fulfilled the identification and intention functions. For counsel, this means that evidence planning matters: keep records of the mediation process, mediator attestations, and the execution trail for the settlement terms.
6. Grounds for refusing and setting aside (ss 7 and 8) — why enforcement is not automatic. Although the extract truncates the remainder of s 6 and does not reproduce ss 7–8 in full, the Act’s structure indicates a familiar Convention-style approach: the court may refuse to grant permission to record (s 7) and an order may be set aside (s 8). These provisions are crucial safeguards to prevent enforcement of settlements that are procedurally or substantively defective under the Convention framework.
In practice, counsel should anticipate refusal/setting-aside arguments such as: lack of proper mediation process, failure to meet Convention requirements, non-arbitrability or public policy-type concerns (depending on how the Act implements the Convention), or issues relating to the settlement’s binding nature. The key point is that the SCMA is designed to be facilitative but not blind: it provides a structured enforcement mechanism with defined judicial discretion.
7. Parallel applications or claims (s 9). Section 9 addresses situations where there may be multiple applications or claims relating to the same international settlement agreement. This is important for litigation management: parties should consider whether they are seeking recording, invoking in ongoing proceedings, or both, and how the court will coordinate overlapping matters.
8. Procedural rules and regulations (ss 10–11). Section 10 empowers the Rules of Court to govern procedural aspects. Section 11 allows the Minister to make regulations prescribing matters required or permitted by the Act. For practitioners, this means that beyond the substantive requirements, the practical steps (filing, service, affidavits/evidence format, timelines) may be found in subsidiary instruments and court rules.
How Is This Legislation Structured?
The SCMA is relatively concise and is structured as follows:
- Sections 1–3: short title, interpretation, and application of the Act (including scope and exclusions).
- Sections 4–6: applications in respect of international settlement agreements, permission to record as a High Court order, and the documentary/evidentiary requirements for such applications.
- Sections 7–9: grounds for refusing an application, setting aside of an order, and rules addressing parallel applications or claims.
- Sections 10–11: procedural rules (Rules of Court) and regulations.
- Schedule: the text of the Singapore Convention on Mediation.
This structure mirrors the Convention’s enforcement logic: define the covered settlement, provide a mechanism to record/enforce, and then set out refusal and challenge pathways.
Who Does This Legislation Apply To?
The SCMA applies to parties to qualifying international settlement agreements arising from mediation. It is not limited to particular industries, but it is limited to commercial disputes and to settlements that meet the Convention’s “international” criteria at the time of conclusion.
The Act also binds the Government, meaning the State is not excluded from the framework. In terms of court forum, the Act refers to the General Division of the High Court and the Appellate Division of the High Court or the Court of Appeal (as updated in the interpretation provisions). Accordingly, both first-instance and appellate contexts may arise when invoking a settlement.
Why Is This Legislation Important?
The SCMA is important because it operationalises the Singapore Convention on Mediation in a way that supports cross-border commercial certainty. For businesses, mediation is often chosen for speed, confidentiality, and relationship preservation. However, without a credible enforcement mechanism, parties may hesitate to settle—particularly where counterparties are located abroad or where assets and enforcement jurisdictions are uncertain.
By enabling parties to record an international settlement agreement as a High Court order and to enforce it similarly to a judgment, the SCMA increases the “settlement value” of mediation. It also provides a litigation tool: parties can invoke the settlement to argue that issues have already been resolved, potentially narrowing disputes and reducing the risk of re-litigation.
For legal practitioners, the Act’s evidentiary requirements (especially those in s 6) make early case management essential. Counsel should ensure that mediation outcomes are properly documented, that the mediator’s role and lack of authority to impose a solution are reflected in the process, and that the settlement agreement is executed and recorded in a manner that satisfies the Act’s “in writing” and identification standards for electronic communications. In enforcement or invocation proceedings, the quality of the mediation evidence can be decisive.
Finally, the refusal and setting-aside framework (ss 7–8) means that enforcement strategy must be balanced. Parties seeking recording should prepare to meet Convention-based objections, while parties resisting enforcement should assess whether any statutory grounds for refusal or challenge are available.
Related Legislation
- Judicature Act 1969
- Mediation Act 2020
Source Documents
This article provides an overview of the Singapore Convention on Mediation Act 2020 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.