5. Admission of international settlement agreement as evidence

(1)

Where a commercial dispute arises in relation to a matter which a party to an international settlement agreement claims to have been resolved by the international settlement agreement, such international settlement agreement shall be admissible as evidence in any proceedings in any court or institution for the purpose of proving that such matter has been resolved.

(2)

A party to an international settlement agreement who intends to tender the international settlement agreement as evidence in any proceedings in any court or institution shall submit to the court or institution, as the case may be, the following documents and evidence:

(a)

the original international settlement agreement or a duly certified copy of the agreement signed by the parties; and

(b)

evidence that the international settlement agreement resulted from a mediation, such as—

(i)

the signature of the mediator assisting the parties to the mediation on the international settlement agreement;

(ii)

a document signed by the mediator certifying that the mediation was carried out; or

(iii)

an attestation by the body or organization that provides the mediation services.

(3)

In the absence of the evidence referred to in paragraph (2)(b), the party may submit such other evidence acceptable to the court or institution.

(4)

Upon receiving the documents referred to in paragraph (2)(a)

and evidence referred to in paragraph (2)(b) or subsection (3), the court or institution may admit or refuse to admit the international settlement agreement as evidence in its proceedings.

(5)

For the purposes of this section, reference to court includes the High Court.

Report

Read on from s 6

5. Admission of international settlement agreement as evidence

Terms defined in s 2