A New Dawn for Mediation? The Launch of SIMC
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The Singapore International Mediation Centre (“SIMC”) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group chaired by Edwin Glasgow CBE QC and George Lim SC, the SIMC will supplement the array of international dispute resolution options available in Singapore.
Of particular note is the establishment of a new ‘Arb-Med-Arb’ protocol (“AMA Protocol”), to be administered by the SIMC in conjunction with the Singapore International Arbitration Centre (“SIAC”), with the aim of promoting the use of mediation within the framework of international arbitration.
The AMA Protocol in a nutshell
The AMA Protocol allows a party to commence arbitration under the auspices of the SIAC, and then proceed to mediation under the SIMC. In practice, parties will, as they would in a regular arbitration, commence proceedings under the AMA Protocol by filing with the Registrar of the SIAC a Notice of Arbitration, who will proceed to notify SIMC of the filing. After the filing of the Response to the Notice of Arbitration and the constitution of the Tribunal, the Tribunal will stay the arbitration for mediation at SIMC. The SIMC will then fix a date for the commencement of mediation at SIMC (“Mediation Commencement Date”), which will be conducted under the SIMC Mediation Rules. Unless the Registrar of SIAC, in consultation with the SIMC, extends the time, the mediation shall be completed within eight weeks of the Mediation Commencement Date.
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