International Enforcement of Mediated Settlement Agreements: Two and a Half Models—Why and How to Enforce Internationally Mediated Settlement Agreements - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View International Enforcement of Mediated Settlement Agreements: Two and a Half Models—Why and How to Enforce Internationally Mediated Settlement Agreements by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management International Enforcement of Mediated Settlement Agreements: Two and a Half Models—Why and How to Enforce Internationally Mediated Settlement Agreements 85 1

This article discusses the models of international enforcement of mediated settlement agreements (MSAs). The Singapore Mediation Convention has opted for “direct enforcement” which allows any party to an MSA to seek enforcement in any of the future contracting states. Direct enforcement is also possible under the EU Directive 2008/52 on mediation. Cross-border enforcement in the EU is also possible under the existing private international law EU Regulations. The 1958 New York Convention is a “half model” in the mediation context, in the sense that it can be of use to cross-border enforcement of certain MSAs, albeit with a degree of caution.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management