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Azimi K. Exemptions under the Singapore Convention on the Enforcement of Mediation Settlement Agreements with Emphasis on Labor and Consumer Rights: A Comparative Study of the Legal Systems of Afghanistan and Iran. SRQJL 2026; 3 (3) :173-198
URL: http://srqjl.knu.edu.af/article-1-104-en.html

The Singapore Convention, adopted in 2019, aims to facilitate the enforcement of settlement agreements resulting from mediation in international commercial disputes. It excludes certain areas—such as family law, inheritance, labor law, and consumer law—from its scope due to cultural, religious, and social considerations, as well as the non-commercial nature of such disputes. While the exclusion of family and inheritance matters appears justifiable given their deep roots in domestic legal systems and religious jurisprudence, the exclusion of labor and consumer law warrants closer examination.
This study adopts a comparative-analytical approach to examine the legal frameworks of Iran and Afghanistan in relation to the Convention, with particular emphasis on the aforementioned exclusions.
The findings indicate that within the Iranian legal system, settlement agreements arising from mediation in labor disputes are recognized and, in certain instances, benefit from significant enforcement guarantees, reflecting a flexible approach aligned with the development of alternative dispute resolution (ADR) mechanisms. However, in the field of consumer law, despite the recognition of mediation in executive regulations, the absence of explicit statutory backing has resulted in insufficient enforcement support for such settlement agreements.
Conversely, in the Afghan legal system, although administrative and commission-based mechanisms for resolving labor disputes are предусмотрены, mediation has not been accorded a clearly defined role. The existing structure is predominantly centralized and state-driven, lacking the necessary flexibility. Nevertheless, in the areas of commercial and consumer disputes, more effective support has been afforded to settlement agreements.