‘There’s growing interest in mediation in India’
Singapore has been at the forefront of championing mediation as an alternative dispute resolution mechanism for international commercial disputes through the Singapore Convention on Mediation (SCM). SCM came into effect in September 2020, and so far 54 countries, including India, have signed the Convention (seven of them have also ratified). In a wide-ranging interaction over email with Sudipto Dey soon after hosting the Singapore Convention Week earlier this month, Singapore’s Minister for Law K SHANMUGAM, who also heads home affairs, shares his views on how technology has spurred the use of mediation, the growing interest among Indian legal fraternity in mediation, and the implications of the legal developments in the Future Group-amazon battle. Edited excerpts:
The high-profile future-amazon arbitration battle has put the spotlight on Singapore as a destination for global arbitration. indian courts, too, have given due recognition to the emergency Arbitrator award by singapore International arbitration centre( si ac) under indian arbitration laws. do you expect this case to have wider ramifications for international dispute resolution in the region?
The Supreme Court of India upholding the Emergency Arbitrator Award, under SIAC rules, is a welcome development. It upholds the fundamental principle of party autonomy in arbitration and gives parties greater confidence in seeking expeditious interim relief via arbitration.
This shows how international approaches towards dispute resolution offer parties greater autonomy and influence over their own outcomes. This does not apply only to arbitration, but also mediation, particularly given the certainty offered by the enforcement framework for cross-border commercial disputes under the SCM.
The lock down gave a fillip to online dispute resolution. how do you see this imp acting destination-based ar bi tr al institutions and centres?
The pandemic has accelerated the adoption and use of technology in the context of international dispute resolution. With stricter border controls and travel restrictions, parties can no longer freely meet in a single location to resolve disputes. This will have some impact on the number of physical hearings.
Maxwell Chambers, our hearing centre, has pivoted to offering integrated virtual and hybrid alternative dispute resolution (ADR) services involving a mix of online and in-person hearings. It has collaborated with other hearing centres to facilitate ADR hearings for international parties who may be located in different jurisdictions. We have seen an increase in the uptake of such virtual and hybrid ADR hearing services.
Do you see governments, courts and mediation communities working more closely with the help of technology?
Definitely. Technology has increased the opportunities for governments, courts and the dispute resolution community to interact and exchange thoughts and ideas. We have seen this in Singapore, most recently when we held the Singapore Convention Week 2021 in a hybrid but mostly virtual format.
Together with the United Nations Commission on International Trade Law (UNCITRAL) we also co-organised the inaugural UNCITRAL Academy, which saw 1,000-plus participants from over 90 countries discuss the future of alternative dispute resolution. This also included a series of capacity-building workshops on the use and benefits of mediation and the SCM for government and industry representatives from around the world.
The inaugural India-singapore Mediation Summit on July 17, 2021 was also held virtually. The Summit saw high-level participation from both countries, such as the chief justices of both countries.
As technology advances, it may also spur the use of mediation and enable greater cooperation between the government, courts and mediation communities. This can already be seen in India-singapore cross-border initiatives, such as the SIMCCAMP joint Covid-19 protocol, which facilitates the resolution of disputes via mediation along the India-singapore business corridor. Here, co-mediators from India and Singapore assist parties to overcome any physical, cultural and jurisdictional barriers to settlement, and mediations are conducted online or in hybrid formats.
The gift city at gandhi na gar, india' s first international financial services centre, is being touted as an offshore alternative to Singapore, hongkong, and london. do you see areas for collaboration?
There are certainly areas where both countries can collaborate, one being dispute resolution, given our strong trade and financial links. SIAC signed a memorandum of understanding with GIFT City in 2016 and set up a representative office there in August 2017.
Singapore and India are also collaborating closely in mediation. India has signed the SCM and there has been growing interest in mediation as a viable form of alternative dispute resolution domestically. This interest can be seen by the high participation at the India-singapore Mediation Summit, which saw over 6,500 live viewers from more than 60 countries, including India, Singapore, Malaysia, US, UK and Australia.
The Singapore International Mediation Center (SIMC) has also been conducting specialist mediator training workshops to familiarise senior business leaders, judges, lawyers, general counsel and other professionals with the benefits and use of mediation.