Kuala Lumpur Regional Centre for Arbitration (KLRCA) revises its Mediation/Conciliation Rules

KLRCA, in collaboration with the Malaysian judiciary and the Malaysian Mediation Centre’s committee members, recently revised its Mediation/Conciliation Rules, demonstrating its support for mediation as a form of ADR. The revised KLRCA Mediation Rules have been adapted from the UNCITRAL Conciliation Rules 1980 and include provisions to support confidentiality, flexibility and the parties’ choice of … Read more

Application of “lawyers-as-mediators” programme in Singapore is expanded to Small Claims Tribunal

A programme which allows lawyers to become “Associated Mediators” through the Singapore Mediation Centre has continued to grow in Singapore. Under this programme, a lawyer with three years of legal experience can undergo specific mediation training so that he/she can be added to the Singapore Mediation Centre’s “Associated Mediator” panel. As a member of this … Read more

Singapore Court Rules amended to support mediation

The Singapore Rules of Court have been amended to include the possibly of adverse cost consequences regarding a party’s conduct in relation to mediation or ADR. Order 59 Rule 5(c) of the Rules of Court provides that when the Court is exercising its discretion as to costs, it shall take into account “the parties’ conduct … Read more

Introduction of a Mediation Bill in Hong Kong

In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to introduce the Mediation Bill into the Legislative Council towards the end of 2011. The Bill will primarily define the meaning of mediation and will cover important issues such as confidentiality … Read more

Hong Kong High Court consider the med-arb procedure

In Gao Hai Yan v Keeneye Holdings Ltd [2011] HKEC 514, the enforcement in Hong Kong of a mainland arbitral award that was rendered (in China) following failed settlement efforts in a mediator-arbitrator (med-arb) process was challenged on public policy grounds. A med-arb is a process where a tribunal acts as both an arbitrator and … Read more

Mediation in Hong Kong: the Civil Justice Reforms two years on

Mediation has been a particular focus in Hong Kong over the last year. In April 2009 the Civil Justice Reform (CJR) was introduced, following the appointment by the Hong Kong Chief Justice of a Working Party to recommend improvements in access to justice, particularly in respect of the speed and cost of civil litigation. In … Read more

Supreme Court of India holds that mediation proceedings are confidential

On 7 January 2011 the Supreme Court of India, in the case of Moti Ram (D) Tr. LRs and Anr. Vs Ashok Kumar and Anr (Civic Appeal No. 1095 of 2008), held that mediation proceedings were confidential in nature, and that only an executed settlement agreement or alternatively a statement that the mediation proceedings were … Read more