PRACTICE NOTE 01/2016 (1 May 2016)
APPOINTING AUTHORITY SERVICE
1. This Practice Note shall apply to all requests made to the Singapore International Mediation Centre (“SIMC”) to serve as an appointing authority on an ad hoc basis, i.e. in cases not administered in accordance with the SIMC Mediation Rules.
Making a Request
2. SIMC shall accept requests for SIMC to appoint mediator(s) and/or expert(s) in accordance with the agreement between the parties.
3. Such requests shall be made to SIMC in writing enclosing the relevant agreement of the parties and containing all the information the requesting party deems necessary for SIMC to make the requested appointment, including the following:
a) Contact details of the requesting party, requesting party’s counsel and all the other parties and their counsel (name, contact number, mailing address, email address, any reference number);
b) Information on any ongoing litigation, arbitration or other proceedings;
c) Description of the dispute or nature of work required of the mediator or expert;
d) Attributes of the requested mediator or expert; and
e) Agreement or proposal on timeframe, language, or location of work for mediator or expert.
4. SIMC may ask for further information from the parties or take such other steps as may be appropriate in the event of any doubt as to the existence of an agreement between the parties, the nature of work required of the mediator or expert, or any other matter.
5. In appointing a mediator or expert, SIMC shall consider the prospective mediator or expert’s attributes, including but not limited to nationality, language, skills, qualifications, areas of expertise, experience, and availability, as are likely to secure the appointment of an independent and impartial mediator or expert. SIMC shall also take into account the advisability of appointing a mediator or expert of a nationality other than the nationalities of the parties.
6. SIMC shall make reasonable efforts to appoint a mediator or expert with all the attributes agreed upon by all the parties. If SIMC is not able to identify such a mediator or expert, SIMC may discuss with the parties modifying the attributes of the mediator or expert, appointing an additional mediator or expert, appointing a mediator or expert with as many of the agreed upon attributes as possible, or any other way forward.
7. Before appointment, a prospective mediator or expert shall make a written declaration of his or her acceptance, availability, impartiality and independence, and shall also immediately disclose to the parties any known actual or potential conflicts of interest which could reasonably raise any question of his or her impartiality and independence.
8. Any party may object to the appointment of the mediator or expert on the basis of any disclosed actual or potential conflict, or choose to waive the conflict.
9. If any party has valid objections to the appointment of the mediator or expert, the party shall notify SIMC and all the other parties in writing as soon as possible and SIMC may within 10 days of receipt of notification of the objections, appoint another mediator or expert.
10. SIMC’s role as appointing authority ends upon the notification to the parties of the appointment, unless there are objections as provided for in paragraphs 8 and 9 above. If so, SIMC’s role as appointing authority ends upon the notification to the parties of any new appointment or decision not to appoint another mediator or expert.
11. The party or parties filing a request as provided for in paragraph 2 above shall pay SIMC according to the fees set out here.
12. Payment may be made by a local cheque payable to “Singapore International Mediation Centre” or by bank transfer. Please feel free to contact us for more information.
13. Subject to any agreement between the parties and any applicable law, any information and documents submitted to SIMC or the mediator(s) or expert(s) in connection with the appointment shall be private and confidential and shall only be used for the purposes of the appointment.
14. The mediator(s) or expert(s), SIMC and its employees shall not be liable to any person for any act or omission in connection with the appointment unless there is fraudulent or wilful misconduct.