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The Arb-Med-Arb Protocol: Promising in Concept, Problematic in Design

Cheryl Ng

(2020) 32 SAcLJ 124

Abstract:
Since its introduction on 5 November 2014, the Arb-Med-Arb Protocol has been enthusiastically promoted by the Singapore International Arbitration Centre, Singapore International Mediation Centre and various members of the Singapore government. Arbitration practitioners in Singapore appear generally to recognise its promise and utility, but also be cautious about how it would play out in practice. Two articles have recently been published in the Singapore Law Gazette, addressing what their authors perceive to be some “kinks” in the design of the protocol. This article aims to take a deeper look at the design of the protocol and to evaluate and suggest possible fixes to its potential problems.