The following is the model clause for mediation at SMC.
Any dispute arising out of or in connection with this agreement must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within [45 days] thereof. Every party to the mediation must be represented by [senior executive personnel, of at least the seniority of a Head of Department] or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the [English] language and the parties agree to be bound by any settlement agreement reached.
SMC has collaborated with the Singapore Chamber of Maritime Arbitration and the Law Society of Singapore for Arb-Med-Arb (AMA) procedures under their respective Arbitration Rules.
The following is the model clause for the AMA procedure under the Singapore Chamber of Maritime Arbitration (SCMA) Rules. For more information on the SCMA AMA procedure, please refer to the SCMA Rules (3rd edition) Handbook.
Any and all disputes 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 Chamber of Maritime Arbitration (“SCMA Rules”) for the time being in force at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the disputes referred to arbitration through mediation at the Singapore Mediation Centre (“SMC”), in accordance with the SCMA AMA Protocol for the time being in force [refer to Schedule C of the SCMA Rules (3rd edition, October 2015)]. Any settlement reached in the course of the mediation shall be referred to the Arbitral Tribunal appointed in accordance with the SCMA Rules and may be made a consent Award on agreed terms.
The following is the model clause for the AMA procedure under the Law Society Arbitration Scheme. For more information on the Law Society AMA procedure, please refer to the Law Society Arbitration Scheme Handbook.
1. Any 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 administered by The Law Society of Singapore (the “Law Society”) under the Law Society Arbitration Scheme (“LSAS”) in accordance with the LawSoc Arbitration Rules of the Law Society for the time being in force, which rules are deemed to be incorporated by reference in this clause (“Arbitration Rules”).
2. The seat of the arbitration shall be Singapore.
3. The Tribunal shall consist of one arbitrator.
4. The language of the arbitration shall be English.
5. The parties further agree that following the commencement of arbitration, they will attempt to resolve the Dispute through mediation at the Singapore Mediation Centre, in accordance with the Law Society Arb-Med-Arb Procedure under the Arbitration Rules for the time being in force. Any settlement reached in the course of the mediation shall fall within the scope of this arbitration agreement and may be referred to the Arbitral Tribunal appointed in accordance with this clause and may be made a consent award on agreed terms.
The following is a standard clause that falls within the meaning of “Agreement” as defined in Clause 1.2(b) of the Singapore Infrastructure Dispute-Management Protocol (SIDP) which parties should adapt to suit their needs. For more information on SIDP, please refer to the SIDP booklet.
Parties shall establish a Dispute Board in accordance with the Singapore Infrastructure Dispute-Management Protocol 2018 (“the SIDP”), which is incorporated by reference. The Dispute Board shall comprise of [one/two/three] member[s]. The Dispute Board shall assist parties in preventing, managing and resolving differences or disputes in accordance with the terms of the SIDP.