The Memorandum refers to the Memorandum of Understanding on Cooperation on the Management of International Commercial Disputes in the context of the Belt and Road Initiative (BRI) through a Litigation-Mediation-Litigation (LML) framework (hereinafter the “MOU”, 通過訴中調解框架管理“一帶一路”倡議背景下國際商事爭議的合作諒解備忘錄).
The features of this MOU, as described by the Supreme Court of Singapore, are as follows.
- The Singapore International Commercial Court (“SICC”) and the China International Commercial Court (“CICC”) will, in accordance with the MOU, each develop and implement the LML framework for the management of BRI international commercial disputes.
- The LML framework developed and implemented by each court will have the following salient features:
- Case management conferences may be convened for the court to determine the procedural steps (such as in the form of a court ruling, case management memorandum or notice, where applicable) and to give directions for the timely and cost-efficient management and resolution of the dispute;
- The court may grant a stay of court proceedings for a specified period for the parties to the dispute to reach a settlement through mediation, and any party to the dispute may, for good reason, apply for an extension of that period;
- Every mediation is to be conducted on a “without prejudice” basis, and is private and confidential;
- Should the parties to a dispute reach a settlement as a result of mediation, the court may give a judgment, or issue a statement having the effect of a judgment, to facilitate the recognition and enforcement of the mediated settlement;
- The parties to a dispute are entitled to have a mediation conducted in accordance with the mediation rules of a mediation institution chosen by those parties, or the rules agreed or submitted to by those parties in accordance with the applicable law.
Photo by Ovinuchi Ejiohuo on Unsplash
Contributors: CJO Staff Contributors Team
