Brazil signs the Singapore Convention on Mediation

Brazil signs the Singapore Convention on Mediation

On June 04, 2021, Brazil signed the United Nations Convention on International Settlement Agreements resulting from Mediation, the “Singapore Convention on Mediation”. The adoption of the Convention by Brazil is part of the efforts of the Federal Government to promote de-bureaucratization, in order to support the development of businesses and stimulate the economy.

The Singapore Convention aims to give effectiveness to international settlements resulting from mediation, strengthening the mediation as an effective consensual alternative to resolve international disputes. It establishes a harmonized legal framework applicable to settlements resulting from mediation, which allows that a settlement to be easily invoked and enforced in many jurisdictions.

In accordance with the Convention, a party may enforce the settlement resulting from mediation at a local court of any of the contracting states, provided that the settlement is entered in one of the contracting states. The local courts may only refuse to grant relief in limited circumstances, such as (1) incapacity of the disputing parties, or (2) issued related to the validity of the settlement agreement, or (3) the conduct of the mediator which influenced the entering of the settlement or its terms, or (4) violation of public policy or (5) if the subject matter of the dispute cannot be settled by mediation.

Brazil is the 54th country to sing the Convention, that is already in force in 6 countries. For the Convention to enter into force in Brazil it depends, now, on the approval of the National Congress.

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