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Med-Arb
The Singapore Mediation Centre ("SMC")
and the Singapore International Arbitration Centre ("SIAC")
have designed a med-arb service that allows disputants to
resolve disputes by drawing on both the SMC's mediation
services and the SIAC's arbitration services (if the parties
are unable to reach a settlement at the SMC).
The SMC-SIAC med-arb service provides a seamless transition
from mediation at the SMC to arbitration at the SIAC.
Parties who wish to avail themselves of the med-arb service
may incorporate the SMC-SIAC med-arb clause in their
contracts. A party may start the med-arb process by
delivering a Notice of Arbitration together with a Request
for Mediation to the SMC and the other party or parties. The
Notice of Arbitration shall contain the particulars
prescribed for a Notice of Arbitration under the applicable
arbitration rules of the SIAC ("SIAC Rules"). Both the
Notice of Arbitration and the Request for Mediation may be
incorporated in the same document. Arbitration at the SIAC
is deemed to commence on the date the Notice of Arbitration
is delivered to the SMC. However, all subsequent steps in
the arbitration will be stayed pending mediation at the SMC.
One unique feature of this med-arb service is that it gives
the parties the option of recording a settlement reached
during mediation in the form of an arbitral award on agreed
terms. A mediator appointed by the SMC for the mediation may
concurrently be appointed by the parties as an arbitrator
for the sole purpose of recording any settlement reached as
a result of the mediation in the form of an arbitral award
on agreed terms[1]. Such an award is potentially enforceable
extra-territorially in the countries and territories that
have acceded to the New York Convention[2], subject always
to the law prevailing in the relevant jurisdiction where the
award is sought to be enforced.
If the mediation fails to produce a settlement acceptable to
the parties within 4 weeks of the date of the first
mediation session, or such other period as the parties may
agree to, the mediation will terminate and the arbitration
will resume. The SMC will transfer the matter to the SIAC
for resolution by arbitration in accordance with the
applicable SIAC Rules.
Generally, the arbitral tribunal should comprise an
arbitrator or arbitrators who did not serve as a mediator or
mediators in the same case. However, a person appointed as a
mediator may, if the parties agree and he consents, act as
an arbitrator in the dispute, provided he is of the opinion
(on justifiable grounds) that any confidential or privileged
information that one party discloses to him and that is not
shared with the other party will not have a bearing on his
decision as an arbitrator.
The SMC's fee schedule will apply to the mediation phase of
the med-arb service. The SIAC's standard fees and charges
will apply to the arbitration phase of the med-arb service.
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[1] See section 18 of the International Arbitration Act (Cap
143A) and Article 30 of the UNCITRAL Model Law on
International Commercial Arbitration found at the First
Schedule to the International Arbitration Act (Cap 143A).
[2] More than 100 countries
and territories have acceded to
the New York Convention. A complete list of such countries
and territories may be found at The Schedule to the
International Arbitration (New York Convention Countries)
Order (Cap 143A, Order 1).
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