Litigation-Mediation-Litigation Framework

The SICC and the Singapore International Mediation Centre (“SIMC”) have collaborated to establish a litigation-mediation-litigation (“LML”) framework with a view to promoting the amicable resolution of international commercial disputes. Parties may choose to adopt the LML Protocol when contracts are being negotiated by incorporating the model LML Clause into their agreements. Alternatively, parties may by a separate agreement adopt the LML Protocol at any other time, such as after a dispute has arisen. The LML Protocol sets out the procedure under which disputes commenced in the SICC are to be referred to the SIMC for mediation, and the procedure to continue or terminate proceedings in the SICC on the conclusion of the mediation. Amongst other things, the LML Protocol also provides for a case management stay of the SICC proceedings for up to 8 weeks after the commencement of mediation, subject to any extension by the Court for good reasons, and the LML Protocol also recognises that the Court may grant interim relief to preserve a party’s rights despite a case management stay.

 

LML Model Clause

Agreement (supplemental to a Basic Jurisdiction Clause) to resolve a matter through a Litigation-Mediation-Litigation framework

“[A dispute, controversy or claim having arisen between the parties concerning [define dispute] (the “Dispute”), each party hereby irrevocably submits the Dispute to the exclusive jurisdiction of the Singapore International Commercial Court.] The parties further agree that despite the commencement of proceedings in the Singapore International Commercial Court, the parties will attempt in good faith to resolve the Dispute through mediation at the [Singapore International Mediation Centre], in accordance with the Litigation-Mediation-Litigation protocol for the time being in force between the Singapore International Commercial Court and the [Singapore International Mediation Centre]. [Any settlement reached in the course of mediation may be recorded by the Singapore International Commercial Court as a consent order on agreed terms.]"

Click here to view the LML Protocol