Arb-Med-Arb Protocol Of Siac-Simc
1. Concept of Arb-Med-Arb (AMA)
The AMA Protocol is a hybrid dispute resolution process involving three stages:
Arbitration commenced at SIAC
Mediation conducted at SIMC
Return to arbitration for consent award (if settlement is reached)
This mechanism combines:
Enforceability of arbitration awards
Flexibility and confidentiality of mediation
2. Procedure Under the AMA Protocol
Step 1: Commencement of Arbitration
A party files a Notice of Arbitration with SIAC
Tribunal may or may not yet be constituted
Step 2: Referral to Mediation
Case is stayed and referred to SIMC
A mediator is appointed
Mediation is conducted confidentially
Step 3: Settlement Outcome
(a) If Settlement is Reached
Terms are recorded
Case returns to SIAC
Tribunal issues a consent award
Advantage:
Enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
(b) If No Settlement
Arbitration resumes
Tribunal proceeds to final award
3. Key Features of AMA Protocol
(a) Enforceability
Settlement agreements can be converted into arbitral awards, making them globally enforceable.
(b) Confidentiality
Both arbitration and mediation proceedings remain confidential
(c) Flexibility
Parties can attempt settlement without prejudicing arbitration
(d) Efficiency
Saves time and costs if disputes are resolved early
(e) Neutrality
Conducted in Singapore, a neutral dispute resolution hub
4. Legal Framework Supporting AMA
International Arbitration Act (Singapore)
SIAC Rules
SIMC Mediation Rules
These frameworks ensure:
Legal validity
Procedural clarity
International enforceability
5. Key Issues in Arb-Med-Arb
(a) Confidentiality vs Transparency
Information disclosed in mediation must not influence arbitration
Risk of “spillover” between processes
(b) Role of Arbitrator vs Mediator
Same person usually does not act as both
Ensures impartiality
(c) Enforceability of Mediated Settlements
Without conversion into an award, enforcement may be difficult
(d) Party Autonomy
Participation in mediation is voluntary
One party may refuse settlement
(e) Cross-Border Enforcement
While arbitral awards are enforceable, mediated settlements alone may require additional frameworks
6. Important Case Laws
Although AMA is relatively modern, several arbitration and mediation-related cases illustrate principles underpinning it:
1. International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd
Principle:
Judicial support for arbitration.
Relevance:
Courts uphold arbitration agreements, forming the backbone of AMA
2. Tjong Very Sumito v Antig Investments Pte Ltd
Principle:
Minimal court intervention.
Relevance:
Supports seamless transition between arbitration and mediation
3. AAY v AAZ
Principle:
Confidentiality in arbitration.
Relevance:
Reinforces confidentiality essential for AMA
4. PT First Media TBK v Astro Nusantara International BV
Principle:
Enforcement of arbitral awards.
Relevance:
Demonstrates importance of consent awards in AMA
5. BCY v BCZ
Principle:
Validity of arbitration agreements.
Relevance:
Ensures AMA process is legally grounded
6. Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd
Principle:
Stay of court proceedings in favor of arbitration.
Relevance:
Shows courts’ pro-arbitration stance supporting AMA
7. NCC International AB v Alliance Concrete Singapore Pte Ltd
Principle:
Settlement agreements in arbitration context.
Relevance:
Highlights enforceability concerns addressed by AMA
7. Advantages of AMA Protocol
Combines best of arbitration and mediation
Provides binding and enforceable outcomes
Encourages amicable settlement
Reduces time and costs
Enhances Singapore’s position as a dispute resolution hub
8. Limitations
Dependent on parties’ willingness to settle
Additional procedural step may increase initial complexity
Not suitable for highly adversarial disputes
9. Conclusion
The Arb-Med-Arb Protocol developed by SIAC and SIMC represents an innovative hybrid dispute resolution model. It reflects Singapore’s forward-looking legal framework by:
Encouraging settlement through mediation
Preserving enforceability via arbitration
Maintaining confidentiality and efficiency
The supporting case law shows strong judicial backing for arbitration, confidentiality, and enforcement—key pillars that make the AMA Protocol effective in international commercial disputes.
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