Potential Impact of Singapore Convention on Mediation in Asia-Pacific: Comparative Analysis of Mediation in Japan and Korea
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In April of 2023, Japan enacted the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Implementation Act”) to implement the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”). Japan is the second country from the Asia-Pacific region to implement the Singapore Convention. Such development is expected to influence the surrounding countries, especially the Republic of Korea, which has signed but has not yet ratified the Convention. The Singapore Convention presents a significant opportunity for the economic growth and development of private mediation in both Japan and Korea. Its implementation could attract international transactions and businesses to a forum where there is a guarantee that a settlement agreement by mediation can be enforced, thereby potentially boosting the economies of both countries. The anticipated growth of private mediation is also expected to have a positive impact on the judicial systems of both countries, relieving the burden on the judicial caseload. Both Japan and Korea, as civil law jurisdictions with similar legal cultures, have largely overlooked private mediation. However, Japan’s successful implementation of the Singapore Convention which is in line with its domestic regulations sets a precedent. In 2019, Korea was one of the first countries to sign the Singapore Convention, but it lacks a mediation law and is unprepared for implementation of the Singapore Convention. Therefore, a thorough study of the key provisions of the Japanese legislation could serve as a practical model for Korea and its future endeavors.
Abstract
In April of 2023, Japan enacted the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Implementation Act”) to implement the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”). Japan is the second country from the Asia-Pacific region to implement the Singapore Convention. Such development is expected to influence the surrounding countries, especially the Republic of Korea, which has signed but has not yet ratified the Convention. The Singapore Convention presents a significant opportunity for the economic growth and development of private mediation in both Japan and Korea. Its implementation could attract international transactions and businesses to a forum where there is a guarantee that a settlement agreement by mediation can be enforced, thereby potentially boosting the economies of both countries. The anticipated growth of private mediation is also expected to have a positive impact on the judicial systems of both countries, relieving the burden on the judicial caseload. Both Japan and Korea, as civil law jurisdictions with similar legal cultures, have largely overlooked private mediation. However, Japan’s successful implementation of the Singapore Convention which is in line with its domestic regulations sets a precedent. In 2019, Korea was one of the first countries to sign the Singapore Convention, but it lacks a mediation law and is unprepared for implementation of the Singapore Convention. Therefore, a thorough study of the key provisions of the Japanese legislation could serve as a practical model for Korea and its future endeavors.
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