415 MISCELLANEOUS applied during a trial, an annotation regarding the enforceability of the agreement may be requested from the court where the case is being heard. The agreement containing this annotation is considered as a judgment document.” According to Article 18(4) of the HUAK, “The agreement document signed jointly by the parties, their lawyers and the mediator shall be deemed a document in the nature of a verdict without seeking an annotation of enforceability.” Giving an enforceability annotation by the court to the settlement agreement made in accordance with the HUAK does not make the settlement agreement a verdict, but rather it only provides acceptance as a verdict-like document. Therefore, although a settlement agreement reached as a result of mediation according to the HUAK can be enforced in Turkey, it cannot be enforced as a foreign court decision in foreign countries. By the same token, even though the settlement agreement concluded in a foreign country as a result of a mediation made in accordance with the laws of that country is considered as a verdict-like document, it cannot be enforced in Turkey as a foreign judgment. The Singapore Convention removed these obstacles to the enforceability of settlement agreements. Enforcement of Settlement Agreements Under the Singapore Convention and Grounds for Refusal of Enforcement According to the Singapore Convention, in order for settlement agreements to be enforceable, they must be mediated, international in character, commercial in nature and suitable to mediation: • Mediation: Settlement agreements must be concluded through mediation. Mediation is defined under art. 2(3) of the Singapore Convention which defines mediation as a process in which “parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons (mediator) lacking the authority to impose a solution upon the parties to the dispute”. • International in character: The Singapore Convention is applicable to international settlement agreements. The term
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