Arb-Med-Arb is a flexible and efficient form of alternative dispute resolution, which combines the advantages of confidentiality and neutrality with enforceability and finality.
Parties who have signed an arbitration agreement and/or commenced arbitration may wish to refer their dispute to mediation, either before they commence arbitration or during arbitration. If the parties settle their dispute through mediation, their mediated settlement may be recorded as a consent award. If mediation fails, they may continue with the arbitration proceedings.
Both arbitration and mediation proceedings are confidential and can be conducted by a neutral third party at the parties’ venue of choice.
For example, under the SIAC-SIMC Arb-Med-Arb Protocol, the arbitrator(s) and the mediator(s) will be separately and independently appointed by the Singapore International Arbitration Centre (SIAC) and SIMC, respectively, under the applicable arbitration rules and mediation rules of each Centre. Unless the parties otherwise agree, the arbitrator(s) and the mediator(s) will generally be different persons.
A settlement agreement obtained through the Arb-Med-Arb process may be made a consent award. The consent award is accepted as an arbitral award, and, subject to any local legislation and/or requirements, is generally enforceable in 160 countries under the New York Convention. Parties can achieve finality whether through the mediation process or arbitration process.
A settlement agreement obtained through the Arb-Med-Arb process may be accepted as an arbitral award, and, subject to any local legislation and/or requirements, is generally enforceable in 160 countries under the New York Convention.
ADVANTAGES OF ARB-MED-ARB
Multi-jurisdictional enforcement | Access to quality mediators | Confidentiality and neutrality | Time and cost savings |
SIMC is partnered with the Singapore International Arbitration Centre (SIAC) to offer Arb-Med-Arb (AMA) procedures under their Arbitration Rules. We encourage parties to consider the following Arb-Med-Arb model clauses in their contractual agreements, where appropriate, to provide for dispute resolution.
SIAC – SIMC ARB-MED-ARB CLAUSE