Arb-Med-Arb Service in Singapore International Mediation Centre

Arb-Med-Arb Service in Singapore International Mediation Centre
A Hotfix to the Pitfalls of Multi-tiered Clauses*
Constance Castres Saint Martin

Abstract

It is this author’s view that destructive litigation should not be considered as the default position in dispute resolution. In view of the increased use of multi-tiered dispute clauses in many jurisdictions including diverse regions of Asia, this paper considers how disputes can be resolved in a constructive way, with the use of alternative dispute resolution devices such as mediation and conciliation, or a combination of at least one of them with arbitration. This paper demonstrates that, in the current practice, most forms of multi-tiered clauses present pitfalls as regards their enforceability, for instance. It also considers whether the Arb-Med-Arb service in the form offered by the Singapore International Mediation Centre may constitute a hotfix to the pitfalls of multi-tiered clauses.

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© Singapore Mediation Centre. This article was originally published in [2015] Asian Journal on Mediation 25. Republished with permission.