Mediated settlements could soon be enforced internationally, following the adoption of UNCITRAL’s Convention on the Enforcement of Mediation Settlements and corresponding Model Law. We highlight some of the conversations that have been stirring in the last one month.
The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to make it work properly.
The final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved at the 51st session of United Nations Commission on International Trade Law (UNCITRAL) on June 26, 2018, and is to be adopted later this year. The Convention aims to secure the enforceability of settlement agreements resulting from mediation.
With the increasing rise of nationalism in Asia, law firms and businesses should consider the use of dual mediators in Singapore. This is not meant to refer to “duel” mediators, but rather cooperative mediators who would help parties bridge the gap between the cultures and laws of their respective countries, where the headquarters of the parties (their homes) are different.
“Early Resolution” provides answers to what were thought to be insoluble problems in two main arenas: How can you mediate sensibly before each party knows what the other will say and has seen the evidence to back the case (or defence) put forward? How can disputes be resolved proportionately where there are multiple parties under chain contracts with or without the added complication of...
We had recently attended two events in which there were serious and vigorous discussions on Mediation. While Mediation has a significant role to play in resolving shipping and maritime disputes, it would be too simplistic to consider this in every dispute. This article argues that while Mediation may be one of the ways to deal with a shipping and maritime dispute, it may need to be coupled with...
“International Trends in Alternative Dispute Resolution: Arbitration-Mediation-Arbitration” was held at the Seoul Global Trade Center on 11 April 2017 and organized by the Seoul International Dispute Resolution Centre (SIDRC), the Korea Commercial Arbitration Board (KCAB) and the Singapore International Mediation Center (SIMC). The panelists for this seminar were Mr George Lim S.C. Chairman of the...
I am delighted to deliver the keynote address for today’s forum, as we gather to mark the official launch of the Law Society Mediation Scheme. Over the last three decades, Singapore’s dispute resolution landscape has witnessed an extraordinary transformation. Among the most notable aspects of this, has been the emergence of mediation as a crucial component of that landscape. Mediation challenges...