Articles

Mediation across Borders

Posted by Eunice Chua/Jolene Goh on 13 May, 2016

by Eunice Chua and Jolene Goh* for Mochtar Karuwin Komar Newsletter April 2016 (download here) *At the time of writing Eunice is Deputy CEO of the Singapore International Mediation Centre (SIMC) and Jolene is Senior Business Development Executive of SIMC. A Fictional Example of a Cross-Border Dispute Mr L is

Mediation: concord from discord (A perspective on mediation in Indonesia)

Posted by Made Barata, SH, Bobby Manurung, SH, and Arkie Tumbelaka, SH of Mochtar Karuwin Komar on 20 April, 2016

Made Barata, S.H. with assistance from Bobby Manurung, S.H. and Arkie Tumbelaka, S.H. of Mochtar Karuwin Komar gives an overview of mediation and tells why he believes that going forward, this avenue will become more popular. Mediation has been in the spotlight recently, as authorities strive to streamline adjudication to

Herbert Smith Freehills ADR in Asia Pacific Guide – Spotlight on Singapore

Posted by Herbert Smith Freehills LLP on 16 February, 2016

On 16 February 2016, the Singapore office of Herbert Smith Freehills (HSF) officially launched the second edition of its “ADR in Asia Pacific” Guide series, with the latest edition placing the spotlight on Singapore (ADR Guide). Amongst others, the ADR Guide features an interview with Ms Eunice Chua, Deputy CEO of SIMC,

Trends in choice of governing law & jurisdiction in cross-border transactions in Asia: Singapore Academy of Law publishes study

Posted by Alastair Henderson, Daniel Waldek and Yosuke Homma on 25 January, 2016

On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction made by those involved in cross-border transactions “in Singapore and the region” (the Study).  The Study, which was commissioned by the SAL’s International Promotion of

Arb-Med-Arb Service in Singapore International Mediation Centre

Posted by Constance Castres Saint Martin on 10 December, 2015

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

Mediation Goes Global in Singapore

Posted by George Lim SC and Eunice Chua on 1 December, 2015

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build

The New Arb-Med-Arb Protocol of the Singapore International Arbitration Centre

Posted by Axel Reeg on 13 November, 2015

Can it help overcome the settlement dilemma in cross-cultural arbitration cases? Often the parties of an arbitration dispute may be interested in reaching a settlement. While the Common law approach to the role of the arbitral tribunal does not allow the arbitrators to engage in the facilitation of settlements, in

Top 5 Things Everyone Should Know About Mediation

Posted by Michel Kallipetis QC, Mediator on 17 September, 2015

Introduction 1.   Alternative Dispute Resolution (“ADR”) provides an extended range of options to those who wish to avoid being locked into the traditional adversarial litigation or negotiation processes. 2.   ADR defines the method by which a dispute might be resolved other than by a binding process imposed by

Think Big – The Singapore International Mediation Centre

Posted by Henneke Brink, ADR Instituut, the Netherlands on 24 July, 2015

“If I were a business man and I had a dispute, I would want it to be resolved as quickly and cost effectively as possible. If it’s an international dispute, usually parties will go for arbitration. And arbitration has its merits. But my question is; why not try mediation first?

The New SIAC/SIMC AMA-Protocol: A Seamless Multi-tiered Dispute Resolution Process Tailored to the User’s Needs

Posted by Dr Christopher Boog for the Asian Dispute Review (Apr 2015) on 14 April, 2015

This article discusses some problems of hybrid mediation and arbitration processes and introduces a recently published joint protocol of the Singapore International Arbitration Centre and the newly created Singapore International Mediation Centre for an arbitration-mediation-arbitration (Arb-Med-Arb) process. Introduction Parties to international commercial contracts regularly agree that any dispute deriving from them shall be resolved