Mediated Settlement Agreements: Enhancing Enforcement through the Singapore Convention in Malaysia
Year: 2024
Type: article
Abstract: This paper examines the enforcement of Mediation Settlement Agreements (MSAs) withinMalaysia's legal framework, with a particular focus on the Singapore United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention).The primary objective is to evaluate Malaysia's current regulatory structure, identify legal gaps, and propose measures to strengthen the enforceability of MSAs.The research methodology involves doctrinal legal analysis, which includes reviewing relevant statutory provisions, case law, and comparing international practices.The findings highlight that while Malaysia's Mediation Act 2012 provides a foundational framework for mediation, it lacks sufficient provisions for the robust enforcement of MSAs.In comparison, the Singapore Mediation Convention introduces a globally recognized, standardized approach to MSA enforcement, fostering consistency and cross-border recognition.By adopting the Singapore Mediation Convention, Malaysia could enhance its dispute resolution mechanisms, reduce dependence on prolonged litigation, and promote stronger international commercial relations.This paper makes a significant contribution to legal scholarship by proposing regulatory reforms that align Malaysia's framework with global standards, ensuring the effective enforcement of mediation agreements.The implementation of such reforms would position Malaysia as a more attractive jurisdiction for international dispute resolution, supporting the growth of alternative dispute resolution (ADR) practices in the region.In conclusion, this study advocates for a comprehensive approach to mediation that integrates 14,
Authors: Iyllyana Che Rosli, Nur Izati Hanafi, Nur Aqila Abu Hassan, Wan Nur Athirah Wan Ahmad Hazim, Mohamad Nurul Hafiz Ab Latif, Tengku Chik Abu Bakar Tengku Ibrahim
Institution: Sultan Zainal Abidin University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405793300