Settling Intellectual Property Disputes through Mediation according to the Provisions of the Singapore Convention 

The laws of all countries have recognized the right of every individual to resort to the judiciary in civil courts, considering it a general principle in all public disputes, except for those specifically excluded. This is because the courts of countries are constitutionally the official bodies responsible for adjudicating disputes arising between individuals or institutions, by protecting the rights and legal positions of individuals based on a court decision or order after studying the facts and applying the applicable legal rule to the case presented.

However, with the increasing number of lawsuits and the slowness and complexity of litigation procedures, which sometimes deny justice, individuals have turned to alternative means of dispute resolution that help alleviate the burden on state courts and reach a satisfactory outcome for all parties.

The growth of international transactions has multiplied the number of disputes arising from international contracts concluded between parties across borders, especially in the field of intellectual property. Intellectual property rights have become wealth possessed by countries and individuals. With the increase in trade movement, globalization, and technological development in concluding contracts over the internet, and the resulting legal positions that may be disputed upon implementation, parties to contracts have resorted to ordinary judiciary, leading to an accumulation and increase in disputes before the judiciary and delays in adjudicating them due to lengthy and complex procedures and the tactics of disputants in delaying adjudication.

This has led foreign countries to adopt alternative means of dispute resolution, particularly in the field of intellectual property. One of these means is mediation, which frees disputants from the formal procedures accompanying litigation before state courts. Mediation is an alternative means of dispute resolution, especially in the field of intellectual property, which usually attracts foreign investors from countries that care greatly about investing in countries that follow simple procedures in resolving intellectual property disputes.

The use of the term "alternative means" by countries in the modern era is not entirely accurate. Alternative means, such as mediation, have existed since ancient times, long before the establishment of formal courts. However, countries' reliance on the judiciary to adjudicate disputes between disputants for an extended period until the modern era, and the increasing accumulation of pending cases in courts and their rising costs, have led countries to revert to traditional means of dispute resolution, adopting them as alternative means that are faster and less costly.

The United Nations Commission on International Trade Law (UNCITRAL) adopted the Singapore Convention on Mediation, which provides a legal framework for the enforcement of settlement agreements resulting from international commercial mediation. The Convention was adopted by the United Nations General Assembly on December 20, 2018. The Convention aims to provide a uniform legal framework for the enforcement of international settlement agreements resulting from mediation, facilitating the resolution of commercial disputes arising from international transactions.

The Convention is based on the benefits of mediation as an alternative means of dispute resolution, recognizing that mediation provides an effective and efficient means of resolving commercial disputes, saving time and costs for businesses and countries. The Convention allows parties to shape the mediation process to suit their needs, preserving business relationships.

The Singapore Convention is modeled after the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), which provides a common legislative standard for the recognition and enforcement of arbitration agreements and foreign arbitral awards. The Singapore Convention aims to achieve the same for mediation settlement agreements, providing a uniform framework for their enforcement.

To facilitate the use of mediation by countries under the Singapore Convention, UNCITRAL issued a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018), which can be adopted as a standalone law or as a law implementing the Singapore Convention. The Model Law aims to strike a balance between protecting the integrity of the mediation process and providing maximum flexibility in the mediation process, while maintaining the independence of the disputing parties.

The primary purpose of enacting mediation laws is to balance the protection of the mediation process's integrity with the need to provide maximum flexibility in the mediation process. This includes provisions to facilitate resorting to mediation, establishing institutions or organizations concerned with mediation, appointing mediators, and protecting the confidentiality of commercial transactions between disputing parties.

In conclusion, the Singapore Convention on Mediation provides a uniform legal framework for the enforcement of settlement agreements resulting from international commercial mediation, facilitating the resolution of commercial disputes arising from international transactions. The Convention aims to provide a common legislative standard for the recognition and enforcement of mediation settlement agreements, similar to the New York Convention on arbitration awards.