Parties who have signed an arbitration agreement and/or commenced arbitration may wish to refer their dispute to mediation, either before they commence arbitration or during arbitration.
If the parties to an arbitration agreement refer their dispute to mediation as a first means of resolving their dispute, this is referred to as “Med-Arb”, as arbitration commences in the event mediation does not result in settlement.
Under the SIAC-SIMC Arb-Med-Arb Protocol, the arbitrator(s) and the mediator(s) will be separately and independently appointed by the Singapore International Arbitration Centre* (SIAC) and SIMC, respectively, under the applicable arbitration rules and mediation rules of each Centre. Unless the parties otherwise agree, the arbitrator(s) and the mediator(s) will generally be different persons.
Arb-Med-Arb is a flexible and efficient form of alternative dispute resolution. It combines the advantages of confidentiality and neutrality with enforceability and finality.
Both arbitration and mediation proceedings are confidential and can be conducted by a neutral third party at the parties’ venue of choice.
A settlement agreement obtained through the Arb-Med-Arb process may be made a consent award. The consent award is accepted as an arbitral award, and, subject to any local legislation and/or requirements, is generally enforceable in 150 countries under the New York Convention. Parties can achieve finality whether through the mediation process or arbitration process.
Advantages of Arb-Med-Arb
Access to quality mediators
Confidentiality and neutrality
Time and cost savings
SINGAPORE ARB-MED-ARB CLAUSE
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be [Singapore].*
The Tribunal shall consist of _________________** arbitrator(s).
The language of the arbitration shall be ________________.
The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.
* Parties should specify the seat of arbitration of their choice. If the parties wish to select an alternative seat to Singapore, please replace “[Singapore]” with the city and country of choice (e.g., “[City, Country]”).
** State an odd number. Either state one, or state three.