Global momentum grows as Singapore Convention on Mediation turns 4

August 2023

Dear Friend of SIMC,

This month marks the fourth anniversary of the Singapore Convention on Mediation, which now has 56 signatories and is in force in 11 jurisdictions. We are also delighted to learn that India's Parliament passed the Mediation Bill earlier this month. This paves the way for the country's ratification of the Convention. The UK signed in May while the month before, Japan's Diet passed legislative amendments to implement the Convention. This, Japan observers say, is an indication that the country may sign and ratify in quick succession.

At the end of this month, Singapore International Mediation Centre ("SIMC") together with UNCITRAL, Singapore's Ministry of Law, hundreds of other participants and dozens of partner organisations, will gather to celebrate the Singapore Convention Week ("SCW"), which commemorates the Convention's first signing in 2019.

SIMC will participate in several Convention Week events:

UNCITRAL Academy Conference and Workshops;
panel speaker at CIArb Singapore's talk;
signing agreements with half a dozen global ADR organisations; and
hosting over 40 leading MNCs and industry associations which will be declaring their intent to support mediation.

Find out who our new partners are and stay tuned for more about these events in the next edition of this newsletter!

Meanwhile, mediation has been recommended as "possibly the only option available" to certain classes of affected Credit Suisse investors who have lost billions since their AT1 bonds were written down earlier this year. Withers partners Shaun Leong and Yutaka Sakashita explain why in this article and suggest that "Global mediation centres such as the Singapore International Mediation Centre can suitably administer such mediations."

SIMC has had a very busy and fulfilling past few months, as outlined below. With your continued support, we look forward to cementing mediation's place in the dispute resolution space!

Yours sincerely,

Chuan Wee Meng

SIMC CEO

Seventeen Japan Specialist Mediators Join SIMC Panel

After a five-year hiatus due to the Covid-19 pandemic, SIMC held its second Japan Specialist Mediators Workshop in May. The two-day, by-invitation event was jointly organised with the Japan International Mediation Center ("JIMC-Kyoto"). The Specialist Mediators were empanelled during a luncheon on 6 July, receiving their certificates of appointment from SIMC CEO Chuan Wee Meng and JIMC-Kyoto's Chief Director Hiroyuki Tezuka. A warm welcome to our newly-empanelled Specialist Mediators!

Singapore, Japan ADR Experiences Discussed at ASEAN-Japan Event in Tokyo

SIMC teamed up with the Singapore International Arbitration Centre and the Singapore International Commercial Court for a special event during the ASEAN-Japan Special Meeting of Justice Ministers on 6 July. It was hosted by the Japan's Ministry of Justice. The panel discussion, co-moderated by JIMC-Kyoto Chief Director Hiroyuki Tezuka and Japan In-house Lawyers Association Director Masako Takahata, explored the hybrid intersections between mediation, arbitration and litigation, and the integrated options available in Singapore for effective resolution of complex, transnational multi-party disputes.

Tap Hybrid ADR Options in Singapore, INTA 2023 Attendees Urged

Over the course of INTA 2023, approximately 8,000 intellectual property and business professionals from around the world met in Singapore for a week of learning and networking. SIMC Deputy CEO Joon-Nie Lau spoke in two panel discussions that explored the options available to businesses to manage intellectual property and technology disputes effectively in Singapore, as well as shared how businesses can leverage advantages unique to Singapore to manage risks and minimise disruptions.

Pakistan ADR Centres Pick Up Business Development Tips from SIMC, Other Partners

On 21-24 June, SIMC was in Dubai to participate in the Commercial Law Development Program by the United States Department of Commerce. SIMC CEO Chuan Wee Meng shared his strategies to improve service delivery of ADR Centers and ideas for meaningful engagement with commercial law firms. Participants received hands-on training and guidance on various aspects of business development from guest speakers, including SIMC Counsel Siddharth Jha.

Mixed Mode ADR, Collaboration at SIAC's Beijing Conference

SIMC CEO Chuan Wee Meng spelt out bold developments in mixed mode ADR and cross-institutional collaborations in the session on "The Future of ADR in Asia Pacific" at SIAC's Beijing Conference held on 9 May. Apart from the insightful conference, this trip was filled with a series of engagements with industry associations and legal practitioners.

Asian Development Bank Staff from 7 Countries Attend SIMC Mediator Training

Twenty-three Asian Development Bank staff attended SIMC's Accredited Mediators Workshop which took place in Singapore 10-14 July 2023. They were taught by SIMC International Mediators Loong Seng Onn and Lum Kit-Wye and coached by various SIMC Specialist Mediators. Participants also had the opportunity to hear from SIMC Chairman George Lim SC, who shared his insights on navigating cultural differences in the course of mediation.

SIMC Inks MOU with the Shanghai International Arbitration Centre

On 27 July, SIMC CEO Chuan Wee Meng and Board Member Sun Wei participated in the “Med-Arb Practice Opportunities in Asia Pacific" webinar jointly-organised by SHIAC, Australian Disputes Centre, Hong Kong International Mediation Centre and Korean Commercial Arbitration Board. During this event, SIMC also signed an MOU with SHIAC to cooperate on international arbitration, mediation and alternative dispute resolution.

Calendar of Events

AUG 28 - SEP 1

Singapore Convention

Week ("SCW")

AUG 29

Catch SIMC at the UNCITRAL Academy Conference and Industry Capacity-Building Workshop during SCW

AUG 30

SIMC Signature Event "MNCs for Mediation" at SCW

(by-invitation only)

AUG 31

Catch SIMC at the CIArb Event during SCW

SEP 12

Catch SIMC at the FIDIC Dispute Avoidance & Adjudication Forum

SEP 22-23

SIMC Jamaica Specialist Mediators Workshop

(by-invitation only)

In the News

The Indian Parliament has passed the Mediation Bill 2023 with the Lower House giving its assent to the Bill on 7 August 2023.

Perspectives on the Credit Suisse AT1 bond crisis and how mediation "could possibly be the only option available" to affected investors in certain scenarios - insights from Withers Khattarwong.

Minister for Home Affairs and Law K Shanmugam cites SIDRA Survey results that SIMC is "very highly regarded" in his speech at the Singapore Corporate Counsel Association Asia Pacific Legal Congress 2023.

SIMC Specialist Mediator K Anparasan spoke in April at the "Tashkent Law Spring" International Legal Forum . The Forum is one of Central Asia's significant legal events and is held under the auspices of the Ministry of Justice of Uzbekistan biennially .

At its 56th Session, UNCITRAL adopted four legal texts, including the UNCITRAL Model Provisions on Mediation and the UNCITRAL Guidelines on Mediation for International Investment Disputes.

On 21 April 2023, the Japanese Diet passed the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation. An overview and insights from Clifford Chance on this signal that Japan will soon sign the Singapore Convention.

Singapore’s High Court recently held that a party could be compelled by a court order to refer a dispute to mediation pursuant to its contract with a counterparty - insights from Baker McKenzie Wong & Leow.

Meanwhile, should you have any questions, wish to refer a case for mediation, or arrange a meeting or talk on international mediation for your team or clients, simply reply to this email or contact us at marketing@simc.com.sg.

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