King & Wood Mallesons summarise the basic principles of mediation and arbitration and the SIAC-SIMC Arb-Med Protocol, under which parties who have commenced arbitration are mandatorily required to refer their disputes to mediation; if the mediation is successful, parties can then record their settlement agreement before the arbitral tribunal as an enforceable covenant award. As the authors note, the AMA Protocol is available to all dispute submitted to the SIAC for resolution under the Arb-Med-Arb Clause and/or any dispute which parties have agreed to submit for resolution under the AMA Protocol (under which parties agree that any dispute settled in the course of the mediation at the SIMC shall fall within the scope of their arbitration agreement).
About Phillip Rompotis
Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.View