International Construction Law Review
MED-ARB IN THE CATBIRD SEAT OF ADR
ANNE MAGDALINE NETTO
Department of Building, National University of Singapore
TERESA EE HUEI PING1
Arbitrator
AND
ALICE CHRISTUDASON
Department of Real Estate, National University of Singapore
I. INTRODUCTION
Arbitration and mediation are distinct dispute resolution processes with their own strengths. However, their respective limitations have led to a search for a more efficient and effective method of dispute resolution. This has produced a hybrid version known as “Med-Arb”. “Med-Arb” may be described as an alternative dispute resolution process where parties agree to resolve their dispute through arbitration and mediation either concurrently or in parallel proceedings by the same or separate neutral as the arbitrator and mediator. This process has been embraced by Singapore and several other countries and international institutions.2
This paper first considers the predominant advantages of both mediation and arbitration as distinct
dispute resolution processes. It then examines the problems which may arise when the two processes are combined
. These include issues such as whether there should be single or separate appointments in the Med-Arb process, and the enforceability of mediation settlements as arbitral awards.
1 Dr Anne Magdaline Netto is an Assistant Professor at the Department of Building, National University of Singapore. Dr Alice Christudason is an Associate Professor at the Department of Real Estate, National University of Singapore. Ee Huei Ping is an architect by training with an LL B and M Sc (Construction Law & Arbitration). She is also an arbitrator on the panel of the Singapore Institute of Architects.
2 Canada, British Columbia, International Commercial Arbitration Act (RSBC) Chap 233, s. 30, on settlement. Australia (New South Wales), Commercial Arbitration Act 1984, s. 27, on the settlement of disputes otherwise than by arbitration. People’s Republic of China (excluding Hong Kong Special Administrative Region), Arbitration Law 1994, Arts 51 and 52 and CIETAC Arbitration Rules, Arts 45–51. Hong Kong, Arbitration Ordinance Chap 341, s. 2B, on the power of arbitrator to act as conciliator. US, American Arbitration Association, Construction Industry Arbitration Rules (Regular Track Procedures), r. 9 on mediation. Sweden, Stockholm Chamber of Commerce Mediation Institute, Mediation Rules, Art 12, on confirmation of settlement agreement in an arbitral award.
[2003
The International Construction Law Review
518