Mediation In England & Wales, Hong Kong And Singapore: Arbitration’s Reactions To Developments In Litigation
There have been significant developments in encouraging mediation as an integral part of or as an alternative to litigation in recent years in England & Wales, Hong Kong and Singapore. The jurisdictions have not mandated mediation as part of the dispute resolution process but, for many cases, the guidance could not be clearer for parties to engage in appropriate alternatives (specifically mediation) if they wish to avoid potentially significant adverse costs consequences. All three jurisdictions serve as key arbitral seats raising the question of whether and to what extent arbitrators should also encourage and, in appropriate cases, commend alternative dispute resolution techniques to arbitrating parties. This article surveys the recent developments in litigation in England & Wales, Hong Kong and Singapore and places this in the context of arbitration in these three jurisdictions. It considers whether and to what extent mediation may play a role in future arbitral proceedings.