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Med-Arb
- This procedure shall govern all disputes submitted
to the Singapore Mediation Centre ("SMC") and the
Singapore International Arbitration Centre ("SIAC") for
resolution by med-arb (or mediation-arbitration).
- In this procedure, med-arb refers to a dispute
resolution process in which the parties will first
attempt to resolve their dispute by mediation, and the
parties will proceed to arbitration on the merits of the
dispute only when the mediation does not result in a
settlement.
- Any party may initiate the med-arb process by
delivering to the SMC and the other party or parties a
Request for Mediation (in accordance with the SMC
Mediation Procedure) and a Notice of Arbitration (in
accordance with the applicable SIAC Arbitration Rules).
The Request for Mediation and the Notice of Arbitration
may be incorporated in the same document or contained in
separate documents.
- Upon the initiation of the med-arb process, the
dispute shall first be submitted to the SMC for
resolution by mediation in accordance with the SMC
Mediation Procedure. The parties shall participate in
the mediation in good faith and undertake to abide by
the terms of any settlement reached.
- Arbitration at the SIAC shall be deemed to have
commenced on the date the Request for Mediation and the
Notice of Arbitration are received by the SMC. However,
all subsequent steps in the arbitration shall be stayed
pending the outcome of mediation at the SMC.
- (1) The SMC will appoint a mediator in accordance
with the SMC Mediation Procedure.
(2) A mediator appointed by the SMC shall concurrently
be appointed by the parties as an arbitrator solely for
the purpose of recording any settlement reached as a
result of the mediation in the form of an arbitral award
on agreed terms or a consent award in accordance with
the applicable SIAC Arbitration Rules. In the event that
the mediation is terminated without a settlement
acceptable to the parties being reached, the mandate of
a mediator to act as an arbitrator shall be terminated
forthwith, and the said mediator shall forthwith cease
to hold office as an arbitrator.
(3) An arbitrator appointed pursuant to paragraph
6(2) of this procedure shall record a settlement in the
form of an arbitral award on agreed terms or a consent
award only if this is requested by the parties and not
objected to by the arbitrator.
- Any of the parties may withdraw from the mediation
at any time by giving notice of withdrawal in writing to
the mediator and the other parties.
- A mediation will terminate when:
(1) a party withdraws from the mediation;
(2) 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;
(3) the mediator decides that continued mediation is
unlikely to result in settlement;
(4) the mediator decides that he should withdraw from
the mediation for any of the reasons stated in the SMC
mediators' Code of Conduct; or
(5) a written settlement agreement is concluded.
- (1) In the event that a mediation is terminated for
any of the reasons set out in paragraphs 8(1), 8(2) or
8(3) of this procedure, the arbitration proceeding shall
resume, and the dispute shall be resolved by arbitration
at the SIAC in accordance with the applicable SIAC
Arbitration Rules.
(2) In the event that a mediation is terminated for the
reason stated in paragraph 8(4) of this procedure, if
all parties agree, the parties may elect to reconvene
the mediation before another mediator appointed by the
SMC. In the absence of such election, the arbitration
proceedings shall resume, and the dispute shall be
resolved by arbitration at the SIAC in accordance with
the applicable SIAC Arbitration Rules.
(3) In the event that a mediation is terminated for any
of the reasons set out in paragraphs 8(1), 8(2),
8(3) or 8(4) of this procedure, the SMC shall, as soon
as practicable, serve a notice confirming the
termination of the mediation on the SIAC and on all
parties.
- A sole arbitrator shall be appointed unless the
parties have agreed otherwise. The parties shall appoint
an arbitrator or arbitrators within [14 days]* of the
date of the notice by the SMC confirming the termination
of the mediation. A person appointed by the SMC to act
as a mediator may, if all parties agree and if he
consents, be appointed as an arbitrator or one of the
arbitrators in the dispute if he is of the opinion that
the conduct of any party or any confidential or
privileged information that a party had earlier
disclosed to him during the mediation will not affect
his decision as an arbitrator in the matter.
- In the event that the parties fail to agree to the
appointment of an arbitrator or arbitrators within the
period prescribed in paragraph 10 of this procedure, the
Chairman of SIAC shall appoint the arbitrator or
arbitrators as soon as practicable. The Chairman of the
SIAC shall not appoint as arbitrator any person who has
served as a mediator in the dispute.
(1) The terms of the SMC Mediation Procedure for the
time being in force and the terms of the applicable SIAC
Arbitration Rules for the time being in force shall be
deemed to be incorporated by reference in this
procedure.
(2) In the event that any provision in this procedure is
not consistent with any provision in the SMC Mediation
Procedure or the applicable SIAC Arbitration Rules, the
provision in this procedure shall prevail.
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*The period stipulated may be substituted to meet the
needs of the parties.
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