ABSTRACT
Contemporary mediation systems are emerging throughout Asia, with 16 jurisdictions from Asia and the Pacific signing the UN Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) during the opening ceremony in 2019. During this period of regulatory activity, choices made about the design and implementation of mediation law will have a direct and significant impact on how mediation develops (or not) throughout the world. It is vital to ensure that such choices are informed by insights from jurisdictions with regulatory experience and models in (cross-border) mediation and by the expertise of professional mediation communities. Against this background, this chapter undertakes a detailed examination of the regulatory frameworks applicable to cross-border commercial mediation in two Asian jurisdictions considered to be leaders (and competitors) in dispute resolution: Hong Kong and Singapore. In terms of methodology, the chapter adopts a para-ethnographic approach and draws upon empirical studies, academic literature and legal analysis throughout.
