Having a mediation clause in your contract from the outset is crucial to ensuring collaborative dispute resolution when the need arises.
SIMC MEDIATION CLAUSE
All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall before or after the commencement of any other proceedings, be first referred to mediation in Singapore at the Singapore International Mediation Centre in accordance with its Mediation Rules for the time being in force, without prejudice to any recourse to apply to any tribunal or court of law of competent jurisdiction for any form of interim relief.
SIMC TIERED MEDIATION CLAUSE
The parties agree that any dispute, controversy or claim arising out of or in connection with the present contract (including any question regarding its existence, validity or termination)(the “Dispute”) shall first be referred to the Singapore International Mediation Centre for mediation in accordance with the Singapore International Mediation Centre Mediation Rules for the time being in force, without prejudice to any recourse to apply to any tribunal or court of law of competent jurisdiction for any form of interim relief. If the dispute cannot be resolved through mediation within [8 weeks or state such other preferred time period] after commencement of mediation at the Singapore International Mediation Centre, or within such extended period as may be agreed by the parties, the parties shall submit the Dispute to … [provide other means of dispute resolution e.g. arbitration, litigation etc.]
SIAC – SIMC 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.
(Available in English, Chinese, Japanese and Bahasa Indonesia)
SICC – SIMC LIT-MED-LIT MODEL CLAUSE
1. Agreement (supplemental to a basic jurisdiction clause) to resolve a matter through a Litigation-Mediation-Litigation (“Lit-Med-Lit”) procedure [“Other Clauses” section of the SICC Model Clauses
[A dispute, controversy or claim having arisen between the parties concerning [define dispute] (the “Dispute”), each party hereby irrevocably submits the Dispute to the exclusive jurisdiction of the Singapore International Commercial Court.]
The parties further agree that despite the commencement of proceedings in the Singapore International Commercial Court, the parties will attempt in good faith to resolve the Dispute through mediation at the [Singapore International Mediation Centre], in accordance with the Litigation-Mediation-Litigation protocol for the time being in force between the Singapore International Commercial Court and the [Singapore International Mediation Centre].
[Any settlement reached in the course of mediation may be recorded by the Singapore International Commercial Court as a consent order on agreed terms.]
2. Agreement to resolve a matter through a multi-tiered dispute resolution procedure, before or after the dispute arises. [“Basic Jurisdiction Clause” section of the SICC Model Clauses]
The parties agree that any dispute, controversy or claim arising out of or in connection with the present contract (including any question regarding its existence, validity or termination) (the “Dispute”) shall first be referred to the [Singapore International Mediation Centre] for mediation in accordance with the [Singapore International Mediation Centre Mediation Rules] for the time being in force. If the Dispute cannot be resolved through mediation within [8 weeks] after commencement of mediation at the [Singapore International Mediation Centre], or within such other period as may be agreed by the parties, the parties shall submit the Dispute to the exclusive jurisdiction of the Singapore International Commercial Court.