Arb-Med-Arb in Hong Kong and Singapore
Both Hong Kong and Singapore have developed provisions for the use of mediation in the context of arbitration proceedings where parties agree to this process with some slight variation. In Singapore, the Arb-Med-Arb Protocol (“AMA Protocol”) is a joint initiative of the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC). According to the Protocol, parties who commence arbitration can choose to stay the arbitration proceedings and attempt mediation under the SIMC. If the mediation is successful, the agreement can then be referred back to the SIAC and recorded as a consent award.
In Hong Kong, the Arbitration Ordinance (“AO”) provides that Arb-Med-Arb may be conducted by the same arbitration tribunal at the request of the parties. If the mediation is successful, the agreement is written up as a consent award. If the mediation is not successful, the tribunal must disclose any confidential information revealed in private sessions to all parties. More information about the process as practice in Hong Kong can be found here.