How can Norwegian businesses succeed in markets like India – when conflicts arise and the path through the courts is long and uncertain?
In this article, I argue why Norway must sign the Singapore Convention on Mediation, as India did in 2019, and how this can give exporters and importers a real strategic advantage in demanding international partnerships. Mediation is no longer just an option – it is a strategic tool.
At a time when the global order is shifting, Norway has recently entered into a trade agreement with India – the world’s most populous country and soon the third-largest economy. This is an important and timely move.
However, a crucial element is missing for such agreements to function effectively in practice for Norwegian businesses: Norway must sign the Singapore Convention on Mediation.
The Convention facilitates the effective resolution of commercial disputes through a flexible and tailored mechanism – mediation – and ensures that agreements reached in such processes can be enforced internationally on par with arbitral awards under the New York Convention.
A political message that calls for action
When Norway’s Minister of Foreign Affairs, Espen Barth Eide, wrote in Dagens Næringsliv on March 24th, 2025, about the importance of strengthening bilateral relations with India, his message was clear: We must position ourselves wisely in a multipolar world order.
But political frameworks must be matched with practical tools. Mediation is such a tool. It allows Norwegian companies to handle disputes in demanding markets without losing control, capital, or collaboration.
To realize this potential, cooperation is needed at the highest level: The Minister of Foreign Affairs, the Minister of Justice, and the Minister of Trade must, together with business leaders, take joint action to place mediation and the Singapore Convention firmly on the political agenda.
This is not merely a legal question – it is a strategic and business-critical instrument for export readiness, innovation, and trust.
This makes mediation a powerful tool for creating swift, sustainable, and enforceable solutions in international commercial relationships.
One year ago, my Indian mediation colleague A.J. Jawad and I co-authored this article, outlining how mediation can benefit exporters and importers in both Norway and India – and how the Singapore Convention provides businesses with both security and speed in high-stakes situations.
Mediation in practice – an illustrative scenario
A Norwegian technology company has entered into a long-term agreement with an Indian distributor. After four years, disagreements arise over exclusive terms and payment procedures. Both parties want a solution but are left with two difficult options:
- go to court, which often takes time and consumes substantial resources,
- or try to reach an agreement through negotiation – without any guarantee of legal enforceability.
If both countries had signed the Singapore Convention, the parties could have opted for mediation with a neutral third party. The settlement reached could then have been enforceable in both Norway and India.
This provides:
- A shorter and more predictable process
- Lower costs
- Greater control over both the process and outcome
- Preservation of the business relationship
Mediation must become embedded in Norwegian trade policy
The Singapore Convention is to mediation what the 1958 New York Convention is to arbitration:
An international framework that gives agreements reached through dialogue and negotiation the same legal force as court judgments and arbitral awards.
And yet, Norway has not signed.
This is not just about legal reform – it is about leadership and strategic preparedness.
Why this is urgent
With rising global and trade-related uncertainty and an increase in cross-border business disputes, companies need mechanisms that offer real legal certainty and flexibility.
Signing the Singapore Convention is a low-threshold decision that will:
- Protect export and import interests
- Ease the burden on national courts
- And signal that Norway takes modern dispute resolution seriously
This is not just a wise move. It is necessary.