417 MISCELLANEOUS same as the invalidity terms of arbitration agreements in art. II (3) of the New York Convention. • A settlement agreement is not binding or final, nor may it be subsequently changed: If a settlement agreement is not binding, nor final according to the terms of the agreement, enforcement request may be refused. This provision will only be enforceable if the parties expressly state that the agreement is not binding or final. • The execution of settlement agreements: If the undertaking specified in a settlement agreement has already been fulfilled, the enforcement of the settlement agreement cannot be demanded. In the case of partial performance, the enforcement request can only be made for the unperformed part. • If a settlement agreement is unclear or incomprehensible: The fact that a settlement agreement is not clear and intelligible was regulated as a reason for the denial of execution. • If the execution is contrary to the provisions of the settlement agreement: If the enforcement request is contrary to the terms of the settlement agreement, the request may be refused. Accordingly, if the parties have accepted a jurisdiction clause for the execution of the settlement agreement, requests contrary to that clause will not be accepted. • Mediator’s abuse of power: The Singapore Convention also accepted the rejection of the execution of the settlement agreement due to reasons arising from the mediator. Accordingly, if the mediator has seriously violated the standards applied to the mediator and mediation, and if the relevant party would not have made the settlement agreement without this violation, the enforcement of the agreement may be refused. • If the execution of the settlement agreement is contrary to the public order: The execution of a settlement agreement which is contrary to the public order of a state party is a ground for refusal. It is accepted that the approach regarding the exceptional and narrow interpretation of the concept of
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