The prospects of enforcing settlement agreements under the Singapore Convention on mediation – a comparative study of Nigeria and China

Pontian Okoli and Hong-Lin Yu

Chapter 6 in Research Handbook on EU Private International Law, 2026, pp 118-148 from Edward Elgar Publishing

Abstract: The United Nations Convention on International Settlement Agreements Resulting from Mediation (2018) is now the most important instrument concerning international commercial mediation. The harmonised legal framework offers a platform to invoke and enforce settlement agreements across borders. The Convention's ratification and accession trajectory is very promising, but the real test will be at the stages of using relevant provisions. The European Union and many countries have not ratified or acceded to the Convention. This Chapter uses two jurisdictions, China and Nigeria, to undertake a comparative analysis in two respects. The first is the examination of potential international differences in the context of enforcement. The second is understanding how mediation is incorporated in the culture, policy, and judicial involvement of both countries. EU Member States can draw on the analysis to understand how non-EU countries approach the enforcement of settlement agreements arising from international commercial mediation. The chapter, therefore, offers a basis for the EU and other countries to make informed decisions regarding the Convention and its possible application.

Keywords: Mediation; Settlement Agreements; Enforcement; Courts; Party Autonomy; Judicial Discretion; Policy; Nigeria; China (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035318681
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