[SG] AA 2001 Singapore Arbitration Act 2001
[SG] AA 2001
Singapore Arbitration Act 2001
(1) In any case where an agreement provides for the appointment of a mediator by a person who is not one of the parties and that person refuses to make the appointment or does not make the appointment within the time specified in the agreement or, if no time is so specified, within a reasonable time of being requested by any party to the agreement to make the appointment, the Chairperson of the Singapore Mediation Centre may, on the application of any party to the agreement, appoint a mediator who is to have the like powers to act in the mediation proceedings as if he or she had been appointed in accordance with the terms of the agreement.
(2) The Chief Justice may, if he or she thinks fit, appoint any other person to exercise the powers of the Chairperson of the Singapore Mediation Centre under subsection (1).
(2A) An appointment under subsection (2) must be published in the Gazette.
(3) Where an arbitration agreement provides for the appointment of a mediator and further provides that the person so appointed is to act as an arbitrator in the event of the mediation proceedings failing to produce a settlement acceptable to the parties —
(a) no objection is to be taken to the appointment of that person as an arbitrator, or to that person’s conduct of the arbitral proceedings, solely on the ground that that person had acted previously as a mediator in connection with some or all of the matters referred to arbitration; and
(b) if that person declines to act as an arbitrator, any other person appointed as an arbitrator is not required first to act as a mediator unless a contrary intention appears in the arbitration agreement.
(4) Unless a contrary intention appears therein, an agreement which provides for the appointment of a mediator is deemed to contain a provision that in the event of the mediation proceedings failing to produce a settlement acceptable to the parties within 4 months, or any longer period that the parties may agree to, of the date of the appointment of the mediator or, where the mediator is appointed by name in the agreement, of the receipt by the mediator of written notification of the existence of a dispute, the mediation proceedings are to thereupon terminate.
Imported: