Speakers: Professor Lawrence Boo, Mr George Lim SC
Chair: Mr Michael Hwang SC
Chaired by Mr Michael Hwang SC, Professor Lawrence Boo and Mr George Lim SC shared insights and views on whether a synergy exists between arbitration and mediation, or whether the inherent conflicts between the two forms of ADR meant that they continue to be mutually exclusive. Of particular interest during the talk was the question whether a Tribunal could convert itself into a mediator (with the consent of parties) and revert back to its role as arbitrator if mediation proves unsuccessful.
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Joining the panel were two guest speakers, Mr Hee Teng Fong and Dr Andreas Respondek, who shared their experience in China and in Germany respectively, on the role of mediation in resolving arbitration/court proceedings in practice.
The evening was highly engaging as the panel shared their personal experience of instances where they were invited by parties, whilst sitting as Tribunal, to convert into a mediator, and the subsequent need to revert back to the role as arbitrator as mediation was unsuccessful. The panel discussed the practical difficulties each of them faced in the process, but acknowledged that much of this could be attributed to a common law upbringing.
The panel recognised that mediation is starting to play an increasingly key role in the resolution of international disputes. Although minefields remained, the panel however advocated that everyone should bravely embrace this nascent development taking root in the ADR world.
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Reported by:
YEO BOON TAT - Pinsent Masons MPillay LLP