Advancing Global Dispute Resolution: ABA pushes for US ratification of the Singapore Convention
The ABA is advocating for U.S. ratification of the Singapore Convention on Mediation. (Image from Shutterstock)
In an era of globalization, lawyers are increasingly called upon to navigate the complexities of cross-border disputes and international commerce. Recognizing the importance of clear and enforceable international legal frameworks, the American Bar Association has been a steadfast advocate for treaties and other measures that facilitate trade and commerce, streamline dispute resolution and promote the rule of law.
A key priority is advocating for U.S. ratification of the Singapore Convention on Mediation, which would promote the greater use of mediation and negotiated settlement agreements as an efficient, cost-effective way to resolve cross-border commercial disputes. The treaty would also facilitate international trade and provide greater uniformity in how these settlement agreements are enforced in the United States.
Formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, the Singapore Convention was adopted by the U.N. General Assembly in December 2018 and signed by the United States and 45 other countries the following August. It took effect in September 2020.
At press time, 11 more countries had signed the treaty, bringing the total to 57; and 16 nations have formally ratified or otherwise acceded to the treaty. Although the United States was pivotal in developing the convention and is an original signatory, the convention has not yet been submitted to the Senate to continue the ratification process.
Before the Singapore Convention, if a party violated a mediated settlement agreement, the other party would have to file a lawsuit or arbitration action to enforce it—unless the agreement was already part of a court order or arbitration award.
Under the Singapore Convention, the process is streamlined. Countries that have ratified the treaty are required to enforce mediated settlement agreements, provided that the agreements are not already enforceable as a court judgment or an arbitral award. This enforcement process is intended to function much like the New York Convention (formally known as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards). Also supported by the ABA, the New York Convention provides an efficient system for recognition and enforcement of international arbitration awards in over 150 countries.
The Singapore Convention would also create a more consistent process for enforcing mediated settlements of international commercial disputes subject to the convention in the United States. Currently, a patchwork of approaches exists in the United States: Several large states treat these settlement agreements like final arbitral awards for enforcement purposes, while most other states require additional litigation or arbitration under contract law to enforce the agreements.
Once the United States ratifies the Singapore Convention, mediated settlement agreements covered by the treaty will be enforceable in all appropriate courts throughout the nation under the standards outlined in the convention.
Strong support
Because the Singapore Convention could be an important element in convincing companies and other parties to mediate and attempt to settle their international commercial disputes, the ABA has been a strong supporter of the treaty.
In February 2020, the ABA House of Delegates adopted a resolution that “urges all nations, including the United States,” to become parties to and implement the treaty. The ABA resolution also urges the U.S. executive branch and the Senate to regard the treaty as self-executing, and thus enforceable as U.S. law, immediately upon ratification, rather than being implemented via congressional legislation.
In October 2021 and July 2023, the ABA sent letters to the then-secretary of state expressing support for the Singapore Convention. They urged him to submit the treaty to the Senate as soon as possible and seek its prompt approval so that the president can proceed with ratification.
Since no action was taken in the last administration, the ABA will continue its advocacy efforts on this important issue with the new administration and the 119th Congress.
U.S. ratification of the Singapore Convention would directly benefit many types of lawyers—as well as their clients—involved in international business transactions by creating an international legal framework for promptly enforcing mediated settlement agreements.
As a result, the ABA Governmental Affairs Office created an informal working group to coordinate the ABA’s advocacy efforts to support ratification of the convention that includes the ABA Sections of Dispute Resolution, International Law, Business Law and Litigation.
By advocating for prompt U.S. ratification and implementation of the Singapore Convention, the ABA is working to provide its members, their clients, and the legal and business communities with the essential tools they need to mediate and settle their cross-border commercial disputes.
The convention also ensures these agreements can be promptly enforced in a uniform manner throughout the United States and abroad without additional cost or delay—representing a critical step toward simplifying dispute resolution in today’s global economy.
This report is written by the ABA Governmental Affairs Office and discusses advocacy efforts by the ABA relating to issues being addressed by Congress and the executive branch of the U.S. government.
