We recently reported (here) on the official launch of the Singapore International Mediation Centre (SIMC) on 5 November 2014. One particularly interesting feature of the launch was the announcement of a new arbitration-mediation-arbitration (‘Arb-Med-Arb’) protocol (“AMA Protocol“), under which the SIMC will work closely with the Singapore International Arbitration Centre (SIAC) to promote mediation within international arbitration.
The concept of Arb-Med-Arb is not a new one. Various prominent jurisdictions and institutions including the International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC) and the Hong Kong International Arbitration Centre (HKIAC) both recognize and support the use of mediation as a precursor to arbitration (Med-Arb) or during the arbitral process (Arb-Med-Arb). However, two key factors set the AMA Protocol apart – the clarity and certainty of the process, and the assurance of institutional support. The new model AMA Protocol allows a party to commence arbitration under the auspices of the SIAC, and then proceed to mediation under the SIMC.