Mediation is becoming a required or court-encouraged step rather than an optional extra. India requires pre-institution mediation for most commercial suits, English courts can order ADR, and EU law makes mediated settlements enforceable and protects limitation periods during mediation. Cross-border enforcement of mediated settlements depends on the Singapore Convention: Saudi Arabia and Singapore are parties, the UAE joins from April 2027, and India, the UK and the US have signed but not ratified.
Domestic mediation duties
In India, a commercial suit that does not seek urgent interim relief cannot be filed until pre-institution mediation has been exhausted; it must be completed within three months, extendable by two with consent, and a settlement has the status of an arbitral award on agreed terms. The Mediation Bill was passed by both houses of Parliament in August 2023. In England and Wales, promoting ADR is part of the overriding objective and the court has express power to order parties to engage in it.
In the EU, Member States must allow a written mediated settlement to be made enforceable, and a party that mediates is not barred from going to court or arbitration because limitation expired during the mediation.123456
Cross-border enforcement of settlements
The Singapore Convention on Mediation lets a party rely on an international mediated settlement directly in another contracting state. Saudi Arabia has applied it since 5 November 2020, with a declaration excluding settlements involving the government, and Singapore since 12 September 2020, where the High Court may record a qualifying settlement as a court order. The UAE acceded on 8 October 2026, with effect from 8 April 2027. India, the US and China signed in 2019 and the UK in 2023, but none is listed as having ratified; Germany, France and the EU are not signatories.78910
| Market | Status | Date | Source |
|---|---|---|---|
| Saudi Arabia | Party (government settlements excluded by declaration) | In force 5 Nov 2020 | UNCITRAL |
| Singapore | Party; court may record settlement as order | In force 12 Sep 2020 | UNCITRAL; SCMA 2020 |
| United Arab Emirates | Acceded 8 Oct 2026 | In force 8 Apr 2027 | UNCITRAL |
| India, United States | Signed, not ratified | Signed 7 Aug 2019 | UNCITRAL |
| United Kingdom | Signed, not ratified | Signed 3 May 2023 | UNCITRAL |
| Germany, France (EU) | Not signatories; EU Mediation Directive applies | Transposition due 21 May 2011 | UNCITRAL; EUR-Lex |
Decisions to make
- Will the settlement need to be enforced in a Singapore Convention state?109Outside the Convention, a mediated settlement is usually enforced as a contract.
- Is an Indian commercial suit planned without urgent interim relief?1Pre-institution mediation must be exhausted first.
- Is limitation close to expiring?6EU law protects limitation during cross-border mediation; elsewhere a standstill agreement may be needed.
- Is a Saudi government body a party?7Saudi Arabia's declaration excludes such settlements from the Convention to the extent specified.
Documents usually needed
- Mediation clause or submission agreement naming the mediator or institution
- Signed settlement agreement showing it resulted from mediation
- Mediator's confirmation or attestation of the mediation
- Standstill agreement on limitation where needed
- Court application to record the settlement as an order (Singapore) or make it enforceable (EU)
Common mistakes
- Assuming a mediated settlement is enforceable in India, the UK or the US under the Singapore Convention
- Filing an Indian commercial suit without pre-institution mediation
- Refusing ADR in English proceedings without considering the court's power to order it
- Signing a settlement without evidence that it resulted from mediation
- Letting limitation expire during mediation outside the EU regime
Questions businesses ask
Can a mediated settlement with a UAE company be enforced under the Singapore Convention?
From 8 April 2027, when the Convention enters into force for the UAE. Until then, other routes apply.9
What this guide does not yet confirm
These points need checking with a qualified local professional before you rely on them.
- Commencement of India's Mediation Act 2023 provisions was not confirmed.
- UAE declarations on accession to the Singapore Convention, and DIFC and onshore mediation laws, were not reviewed.
- Saudi domestic mediation rules (for example under the Commercial Courts Law) were not reviewed.
- US state mediation statutes were not compiled.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
A commercial suit that does not seek urgent interim relief cannot be filed until the plaintiff has exhausted pre-institution mediation, which must be completed within three months (extendable by two months with the parties' consent), and a settlement reached has the same status and effect as an arbitral award on agreed terms. Section 12A, Commercial Courts Act 2015, inserted by Act No. 28 of 2018. Central law.
Gazette of India Extraordinary, Part II, Section 1, No. 41 of 21 August 2018, hosted by PRS; India Code could not be fetched. Later amendments (including any consequential change made by the Mediation Act 2023) were not checked. Reused from in-disputes-g11.
The Mediation Bill was passed by the Rajya Sabha on 1 August 2023 and the Lok Sabha on 7 August 2023. Central law. Commencement of its provisions was not confirmed.
Secondary source: official pages for the enacted Act (India Code, Department of Legal Affairs) could not be fetched. The PRS summary describes the 2021 Bill as introduced, which may differ from the enacted text, so its content is not relied on here. Independent check 19 Oct 2026: the tracker stops at passage; assent and commencement of the Mediation Act 2023 are not confirmed here. Reused from in-disputes-g12.
The overriding objective of the Civil Procedure Rules in England and Wales includes promoting or using alternative dispute resolution, and active case management includes ordering or encouraging the parties to use ADR. CPR 1.1(2)(f) and 1.4(2)(e).
Reused from gb-disputes-g18.
Courts in England and Wales have express power to order the parties to engage in alternative dispute resolution. CPR 3.1(2)(o).
Reused from gb-disputes-g19.
EU Member States must ensure that the parties to a written agreement resulting from mediation, or one of them with the explicit consent of the others, can request that its content be made enforceable, unless it is contrary to the law of the Member State or that law does not provide for enforceability. Directive 2008/52/EC, Article 6(1); cross-border disputes in civil and commercial matters (Article 1(2)); transposition was due before 21 May 2011.
Under the EU Mediation Directive, parties who choose mediation are not prevented from starting court proceedings or arbitration on the same dispute because a limitation or prescription period expired during the mediation. Directive 2008/52/EC, Article 8(1); cross-border disputes in civil and commercial matters.
Saudi Arabia ratified the Singapore Convention on Mediation on 5 May 2020 and it entered into force for Saudi Arabia on 5 November 2020. Saudi Arabia declared that it will not apply the Convention to settlement agreements to which it, a government agency or a person acting for one is a party, to the extent specified in its declaration.
Reused from sa-disputes-002.
The Singapore Convention on Mediation Act 2020 gives effect to the Singapore Convention on Mediation, and the High Court may grant permission to record a qualifying international settlement agreement as an order of court. The court may refuse an application on the grounds set out in section 7; current text is the 2020 Revised Edition, in operation from 31 December 2021.
Reused from sg-disputes-g03.
The United Arab Emirates acceded to the Singapore Convention on Mediation on 8 October 2026, and the Convention enters into force for the UAE on 8 April 2027. United Nations Convention on International Settlement Agreements Resulting from Mediation.
Recent entry; recheck the status table and any UAE declarations before relying on it.
India, the United States and China signed the Singapore Convention on Mediation on 7 August 2019 and the United Kingdom signed it on 3 May 2023, but none of them is listed as having ratified; the status page lists 25 parties. Germany, France and the European Union are not listed as signatories.
Questions on this topic
10 statements on mediation and the singapore convention
