Insights / News
Insights / News
Given the significant levels of growing international support for the Singapore Convention on Mediation and the growing popularity of international commercial mediation, the focus has been on how more disputes can be channeled appropriately, and at an early point, to mediation.
Multi-tiered dispute resolution clauses (MTDRC) have been around for a long while and have been a mainstay in many domestic and trans-border contracts. MTDRC provides a certainty of both dispute resolution venue and method, which is of significant importance in business efficacy. This is especially important in time-sensitive industries as well as long-term business relationships that require continuing, day-to-day cooperation.
Despite its numerous advantages such as cost and time saving, preservation of commercial relationships, and flexibility of the proceeding, mediation is still not the first choice when it comes to settling disputes. A multi-tier dispute resolution clause that includes mediation as a compulsory stage before accessing arbitration could be a solution to strengthen the use of mediation.
This session, “Multi-tier dispute resolution clauses, is this the key to mediation success?”, will consider a focused discussion by the panel of the benefits and disbenefits of MTRDRC, effectiveness, and enforcement concerns before concluding by questioning whether increased usage of MTDRC facilitate parties’ decision to adopt mediation as their first choice vis-à-vis the traditional arbitration clause.
Date: Wednesday, 22nd September 2021
Time : 3:00 PM – 4:30 PM (Thailand Time)
Professor IU Ting-Kwok, Asia Conflict Resolution Institute
Ms. Amelie HUBER-STARLINGER, Tailored Solutions
Mr. Teh Joo Lin, Singapore International Mediation Centre
Mr. Thaevan Uthaivath, Thai Legal Law Office
Mr. Robert Rhodes QC, Independent Arbitrator
Mr. Marcus LIM, Lupl
Robert is a member of the panel of arbitrators of the Thailand Arbitration Institute and has published various papers on this subject. See Robert’s full profile for his publications and credentials.
News 22 Sep, 2021