Grounds for Refusing Enforcement of Settlement Agreements according with Article 5-1 of Singapore Convention on Mediation 2018.

Abstract

This study deals with Grounds of refusing the Enforcement of Settlement Agreements in accordance with Article (5/1) of the Singapore Convention on Mediation 2018، as the wording of these Grounds or reasons is general, which makes them subject to different interpretations and divergent interpretations، in addition to the overlap of some of them with each other، which gives the party refusing to enforcement favorable opportunities to obstruct the enforcement of settlement agreements. The study aimed to explain the concept of each reason for refusal in paragraph (1) of Article (5) of the Singapore Convention، and the conditions and circumstances of its application. The study concluded a number of results، including that the invalidity of the settlement agreement as a reason for refusing enforcement includes all contractual defects stipulated by national law، except for formal conditions not approved by the Singapore Convention، and that the invalidity of part of the settlement agreement arising from mediation entails the invalidity of the entire settlement agreement، and that the Enforcement request violation of the terms of the settlement agreement applies to many real cases.