Innovating Dispute Resolution: SIMC’s Arb-Med-Arb Insights at Japan International Arbitration Week
As part of the Japan International Arbitration Week organized by Japan’s Ministry of Justice, the Singapore International Mediation Centre (SIMC) joined forces with the Singapore International Arbitration Centre (SIAC), Japan Association of Arbitrators (JAA), and Japan International Mediation Center (JIMC) to co-host an engaging event titled “When Arbitration Meets Mediation: Mock Proceedings and a Panel on Arb-Med-Arb.” Held on 19 November 2024 in Tokyo, the event showcased the versatility and effectiveness of Arb-Med-Arb in resolving complex disputes. This event was attended by lawyers, inhouse counsels and scholars. Online attendees include the following jurisdictions in alphabetical order: Australia, Brunei Darussalam, China, Egypt, France, Hong Kong, India, Indonesia, Italy, Japan, Kyrgyzstan, Malaysia, Nepal, Philippines, Singapore, South Korea, United States, and Vietnam.
A Deep Dive into Arb-Med-Arb
The event began with a 70-minute mock proceedings on Arb-Med-Arb session. Jaemyoung Shin, Strategy and Development Manager (North East Asia) at SIAC, and Kaori Sugimoto, Partner at Nagashima Ohno & Tsunematsu both led the session as the emcees. The session shed light on the process of Arb-Med-Arb, focusing on; how and why parties opt for Arb-Med-Arb, the efficiency and flexibility of the approach, and the mediation stages, with a detailed exploration of their objectives.

The session included a mock scenario with its own claimant, respondent and contracts and their respective claims and defences. The realistic portrayal of dispute resolution provided valuable insights into this hybrid mechanism, sparking meaningful discussions on its role in preserving relationships while ensuring effective outcomes.

From left to right: Niharika Dhall, Legal Counsel at Toyo Engineering Corporatio, and Varsha Bhattacharya, Counsel at Nishimura & Asahi.
From left to right: Aiko Hosokawa, Partner at Oh-Ebashi LPC & Partners, and Brian Chi, General Counsel at Kyndryl Japan.
A Glimpse into the Role Play: V Power and Mitsu Engineering
This case involves Indi Energy (IE), an Indian energy company, and J Engineering (JE), a Japanese energy plant builder, in a dispute over delays and performance issues concerning a thermo-electrical power plant (TPP). The arbitration revealed claims of financial losses due to delays and subpar performance. Both parties recognized the rising costs of arbitration and transitioned to mediation, seeking to preserve their business relationship.
This real-world-inspired scenario offers a deeper understanding of how disputes can transition effectively from arbitration to mediation. By emphasizing the importance of collaboration and innovation in dispute resolution, it bridges the gap between theory and practical application.
Key Issues:
Delays: IE cited significant financial losses due to delayed installation, while JE pointed to bureaucratic hurdles in India.
Performance: IE alleged the boilers consumed excess raw material and underperformed, whereas JE argued the subcontractor, recommended by IE, was at fault.
Mediation Process Highlights:
Initial Hesitation: IE’s General Counsel, Ms Desai expressed frustration, while JE’s General Counsel, Mr. Chiba advocated for a collaborative resolution.
Private Sessions: The mediator facilitated separate discussions to uncover each party's priorities. IE sought prompt plant repairs and financial compensation, while JE aimed to minimize costs and maintain future contracts.
Settlement Reached: JE pays IE $15 million and IE and JE shall partner on a new Sri Lanka project.
Outcome:
The mediation concluded with a mutually beneficial agreement, balancing financial compensation with future collaboration. Both parties committed to strict timelines and preserving their professional relationship, showcasing the efficacy of Arb-Med-Arb in addressing complex disputes.

Insights from Industry Experts
Following the mock session, a panel discussion titled “Preserving Business Relationships While Effectively Resolving Disputes Through Arb-Med-Arb” took the stage. Co-moderated by Michele Sonen, Director and Head of North East Asia at SIAC, and Yoshinori Tatsuno, Partner at Mori Hamada & Matsumoto, the panel featured the mock session’s role-players:
- Professor Hi-Taek Shin, Arbitrator at Twenty Essex,
- Vi Ming Lok SC, Deputy Chairman at SIMC,
- Yoshihiro Takatori, Special Advisor at Nagashima Ohno & Tsunematsu,
- Varsha Bhattacharya, Counsel at Nishimura & Asahi,
- Brian Chi, General Counsel at Kyndryl Japan,
- Niharika Dhall, Legal Counsel at Toyo Engineering Corporation, and
- Aiko Hosokawa, Partner at Oh-Ebashi LPC & Partners.
The panelists offered candid feedback on the mock proceedings and delved into the nuances of Arb-Med-Arb, introducing key protocols such as the SIAC-SIMC Arb-Med-Arb Protocol and the JIMC-SIMC Protocol. They also addressed emerging trends, the challenges of the “med-arbitrator’s dilemma,” and how Arb-Med-Arb compares to traditional Japanese litigation.
Advancing Mediation Through Innovation
The event concluded with a presentation by Vi Ming Lok SC, who highlighted SIMC’s contributions to advancing dispute resolution. A key feature of his presentation was the recently launched Mediation AI Assistant (MAIA), which underscores SIMC’s commitment to leveraging technology to enhance the mediation process.

A Collaborative Success
SIMC extends its gratitude to the Ministry of Justice of Japan, and all participating organizations for their support in making the event a resounding success. Events like these continue to strengthen cross-border collaboration, offering fresh perspectives and innovative solutions to the challenges of modern dispute resolution.
Looking Ahead
As Arb-Med-Arb continues to gain traction globally, SIMC remains committed to promoting its benefits and empowering businesses with effective tools to resolve disputes. Together with its partners, SIMC looks forward to building on these meaningful connections to further enhance the international mediation landscape.