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Practical Law Settlement Agreements

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3.4.3 As of November 30, 2018, more than 4,000 disputes have been referred to SMC. About 70% of cases treated with SMC are successfully resolved. Of those that were successfully resolved, more than 90% were settled in a single working day. Very often, the parties save significant legal, judicial and hearing taxes when agreements are reached through mediation. 3.4.2 SMC has successfully led the mediation movement in Singapore and is dedicated to promoting an amicable and effective resolution of disputes. (1) Neither party would lose if composition agreements were entered into voluntarily Eke argued that, unlike the nature of an agreement concluded by a court order, the order becomes immediately enforceable in the event of non-compliance and includes only those conditions that require the performance of a particular act, such as the payment of money. The settlement decision in Eke v. Parsons was not immediately enforceable, as the terms of the agreement required a summary stay request and not simply an expedited payment of the money. There are lessons learned from the strange and cumbersome conditions of this agreement, but the Constitutional Court has found that a request to replace a settlement agreement cannot be rejected on the sole ground that the agreement is not immediately applicable.

3.6.9 Recently, the United Nations Commission on International Trade Law agreed to establish the United Nations Convention on International Mediation Comparison Agreements and to amend the Model Law on International Commercial Mediation in order to facilitate the cross-border application of international commercial disputes. The old convention is expected to be signed in Singapore in August 2019 and is called the Singapore Convention. A State Party to this Convention shall be obliged to enforce a negotiated agreement in accordance with its domestic rules of procedure. If ratified by many States, the Convention will provide a harmonized framework for the application of negotiated international settlement agreements and will equate mediation with arbitration in terms of competitive advantages. Singapore`s Mediation Act will likely be amended once Singapore ratifies the convention. Eke missed a payment and Parsons again filed the motion for summary judgment. . . .

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