george lim, senior counsel · kehinde aina nigeria michael hwang sc singapore. siac-simc...

George Lim, Senior CounselDeputy Chair

Singapore International Mediation Centre (SIMC)

SINGAPORE INTERNATIONALMEDIATION CENTRE

“Facilitated Negotiation Assisted By

A Trusted Neutral”

Positions vs Interests

BENEFITS OF MEDIATION

• Saves time & money

• Provides certainty / finality

• Confidential

• Creative / flexible: can provide

solutions which a court cannot order

• Preserves relationships

• Creates social harmony

Mediation in Singapore

Mediation Landscape in Singapore

• Primary Dispute Resolution Centre

• Maintenance Mediation Chambers

• Family Resolutions Chambers

• Child Focused Resolution Centre

1994: Court-annexed Mediation

• Singapore Mediation Centre (1997)

• Singapore International Mediation Centre (2014)

1997: Commercial or Private Mediation

• Community Mediation Centre

• Small Claims Tribunal

• Tribunal for Maintenance of Parents

1998: Community Mediation

1994: Court-Annexed Mediation

• Primary Dispute Resolution Centre , State Courts

• Dedicated pool of mediators who are judges but do not preside over trials

• Assisted by volunteer lawyers who are trained mediators

• Service is free; about 90% success rate

1998: Community Mediation

• Community Mediation Centres Act

• Mediation services for community disputes

• 162 volunteer mediators

• Administrative fee of S$5

• Around 70% success rate

1997: Commercial Mediation -

Singapore Mediation Centre (SMC)

• Grant from Ministry of Law

• Panel of about 100 lawyers & non-lawyers

• Fees begin at S$900 a day per party

• 2014: 337 cases

• 73% success rate

• About 46% of cases referred by the Supreme Court

Mediation Growing In Use Worldwide

Fiji

Dubai

MORE CROSS-BORDERDISPUTES LIKELY IN ASIA

Potential for International Mediation

Source: IMF WEO Database (Apr 2014)

-2

0

2

4

6

8

10

12

14

2007 2008 2009 2010 2011 2012 2013 2014

Year

-ove

r-ye

ar c

han

ge (

in %

)

Year

GDP Growth Rates in Asia –Actual Data and Latest Projections

Emerging & Developing Asia ASEAN-5 World

Source: 2014 UNCTAD World Investment Report

0

50

100

150

200

250

300

350

Africa LatinAmerica and

theCaribbean

Asia TransitionEconomies

FDI outflows, by region, 2009-2013(Billions of dollars)

2009

2010

2011

2012

2013050

100150200250300350400450500

Africa LatinAmerica and

theCaribbean

Asia TransitionEconomies

FDI inflows, by region, 2009-2013(Billions of dollars)

2009

2010

2011

2012

2013

Potential for International Mediation

Potential for International Mediation

100

110

120

130

20122013

120.0

128.4121.1

117.6

GD

P in

Bill

ion

s U

SD

Year

China & ASEAN 5 GDP (2012/13)

ASEAN 5

China

Source: International Business Times (Mar 2014)

Impact of the ASEAN Economic Community

• The AEC allows freer flow of goods, services & people around the region

• This also translates to higher potential for disputes to arise

• The EEC has shown that the potential for cross-border litigation is high when trade increases

RECOMMENDATIONS OF

SINGAPORE WORKING GROUP ONINTERNATIONAL COMMERCIAL MEDIATION (2013)

• Creation of Professional Standards and Accreditation Body : Singapore International Mediation Institute (SIMI)

• Mediation Act

• Formation of Singapore International Mediation Centre (SIMC)

Singapore International Mediation Centre (SIMC)

• November 2014

• Cross-border commercial disputes

• International board of directors

• Panel of 67 international mediators from 14 countries, working in 14 languages

• Mediators independently certified by Singapore International Mediation Institute

SIMC’s Panel of Mediators includes …

Edna SussmanUSA

Nadja AlexanderHong Kong

Dr William UryUSA

Tommy KohSingapore

Karl MackieUnited Kingdom

Michel Kallipetis QCUnited Kingdom

Alan LimburyAustralia

Geoff SharpNew Zealand

SIMC’s Panel of Mediators includes …

John SturrockUnited Kingdom

Sriram PanchuIndia

Anil XavierIndia

Christopher ToHong Kong

David RichbellUnited Kingdom

Ruth GlickUSA

Kehinde AinaNigeria

Michael Hwang SCSingapore

SIAC-SIMC ARB-MED-ARB SERVICE

• Arb-med-arb is a process where parties attempt mediation in the course of arbitration proceedings

• If mediation is successful, parties may request their mediated settlement be made a consent arbitral award

• If mediation is unsuccessful, parties may proceed with arbitration

Arbitration Mediation Arbitration

MODEL SINGAPORE CLAUSE

All disputes, controversies or differences (“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 in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force.

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.

The Way Forward

SIMC (Singapore

International Mediation Centre)

SICC(Singapore

International Commercial

Court)

SIAC(Singapore

International Arbitration

Centre)

Positioning Singapore as a one-stop international dispute resolution centre

• Inculcate duty to act in best interests of clients

• Help young lawyers to be problem solvers, to advise on

best dispute resolution process

• Emphasise negotiation & mediation skills, mediation

advocacy

• Inculcate duty to act in best interests of clients

• Help young lawyers to be problem solvers, to advise on

best dispute resolution process

• Emphasise negotiation & mediation skills, mediation

advocacy

• Inculcate duty to act in best interests of clients

• Help young lawyers to be problem solvers, to advise on

best dispute resolution process

• Emphasise negotiation & mediation skills, mediation

advocacy

Back to “MediAsian”• Mediation has roots in Asia

• Cultural concepts like “mianzi”

(face) and “guanxi” (connection/

relationship) play a more significant

role

• Need to develop an “Asian” brand

of mediation to suit the cultural

needs of parties in Asia

• ADR Training Academy for Asia?

32 Maxwell Road

#02-07 Maxwell Chambers

Singapore 069115

Tel: +65 6635 2460

secretariat@simc.com.sg

www.simc.com.sg