Authors
Paul Starr  (保羅仕達)
Partner

Amy Chan  (陳慶明)
Solicitor

Peter Megens  
Partner
T +61 3 9643 4253

Sydney
Max Bonnell  
Peter Pether  

Melbourne
Joanne Cameron  

Brisbane
Justin McDonnell  
John Swinson  

Canberra
Ian Johnson  

Hong Kong
David Bateson  (炳辰)
Paul Starr  (保羅仕達)


27 May 2008

Singapore - New initiatives with arbitration and mediation

Singapore has launched several initiatives, ranging from lifting domestic restrictions to establishing connections with other ADR centres, as a boost to its status as an international arbitration/mediation centre.

Easy entry

Arbitrators, mediators, legal counsel, translators and transcribers no longer have to obtain work passes to participate in Singapore arbitration/mediation for less than 60 days. Instead, when entering Singapore, professional practitioners only have to obtain a Social Visit Pass at immigration checkpoints; and after entry, complete an online notification at the Singapore Government website before participating in the arbitration/mediation.

Arbitration at a glance

The Singapore International Arbitration Centre (SIAC) administered 251 international cases from 2000 to 2005. Currently, SIAC offers over 130 arbitrators from its panel. Each of the International Chamber of Commerce, American Arbitration Association and Permanent Court of Arbitration have set up sub-centres in Singapore.

The enlarged role of foreign law firms

Currently, foreign law firms are permitted to give advice in international commercial arbitration cases involving Singapore law once a notice of arbitration is issued. There are proposals to extend the permitted practice scope to the time when arbitration is contemplated e.g. in vetting and drafting Singapore law agreements which incorporate arbitration clauses, and advising parties on their legal positions conferred by the agreements even before the dispute is referred to arbitration. Nonetheless, any advice related to Singapore Law can only be given by Singapore qualified lawyers employed by a foreign law firm.

Mediation in Singapore

The Singapore Mediation Centre (SMC) is the main mediation centre in Singapore, with a panel of 120 mediators. It conducted 465 mediations between 1 January 2002 and 31 December 2006, out of which 20% involved a foreign party.

In August 2007, SMC joined hands with four other Asian-based organisations, namely, the Hong Kong Mediation Centre, the Indonesian Mediation Centre, the Malaysian Mediation Centre, and the Philippine Mediation Centre in establishing the Asian Mediation Association (AMA). The AMA will facilitate regional co-operation in the provision of conflict management for cross-border disputes in the fast growing Asian economies. One of the initiatives proposed by AMA is to establish a system to refer disputes to a neutral member organisation when a neutral venue is needed.

International Standard for mediators

SMC and SIAC, with the joint initiatives of the American Arbitration Association, and the Netherlands Mediation Institute, established the International Mediation Institute (IMI) in 2007. The IMI is developing an international standard for mediators - IMI Mediator Competency Certifications. Once implemented, the Certifications mechanism will assist disputants and their advisers in identifying competent mediators. Any mediators may apply to become an IMI certified mediator if he/she can meet the relevant IMI requirements.