The Singapore Convention and the Metamorphosis of Contractual Litigation

Authors

Jean-Christophe Boulet, UNCITRAL

Abstract

This article addresses the grounds provided for in Article 5 of the Singapore Convention for the refusal of enforcement of a settlement agreement or for the refusal of a settlement agreement as evidence that the dispute has been resolved. It is divided into three sections. The first section briefly places these grounds in the context of the Singapore Convention as a whole as well as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The second section is devoted to a more detailed examination of the various grounds listed in Article 5 of the Convention, except for 5.1(e) and (f) that are linked to the mediation process. On the basis of the findings in the first two sections, the third and last section tries to assess to what extent the Convention improves the situation of the party who wants to enforce a settlement agreement.

Disciplines

Comparative and Foreign Law | Contracts | Dispute Resolution and Arbitration | International Law | Law | Public Law and Legal Theory

Recommended Citation

Jean-Christophe Boulet, The Singapore Convention and the Metamorphosis of Contractual Litigation, 20 Cardozo J. Conflict Resol. 1209 (2019).
Available at: https://larc.cardozo.yu.edu/cjcr/vol20/iss4/18