International Mediation &
Arbitration
Mediation and arbitration are similar in that a neutral third party assists parties to resolve their dispute outside of the formal court process. However, the key difference is who has the authority to make the final decision. A mediator can only facilitate or assist the parties during their mediation session. An arbitrator will assess the issues raised and the arguments presented to make a final decision or judgement.
International Mediation
This is a process to resolve an international dispute through their agreement and where a mediator identifies each party’s interest and assist them to make their own decision. The mediator is a neutral third party and will facilitate an agreement between parties to a dispute, in an informal setting.
Generally, courts in a member state of Singapore Mediation Convention, such as the US, China or India, are not allowed to accept a petition.
Especially where you have conflict on intellectual property, such as trademarks or invention, or industrial relationship, mediation can be a good way to resolve as an ADR.
Advantages of Mediation
Advantages of mediation are:
- Parties have the autonomy to reach their own agreement
- The discussions and process, as well as the outcome can be kept confidential
- Parties are allowed to determine what to do flexibly
- Mediation enables parties to resolve a dispute quickly and at a lower cost
- Mediation sessions are not a court procedure
International Arbitration
Arbitration is a form of alternative dispute resolution (ADR), and a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, who renders the "arbitration award." An arbitration award is legally binding on both sides.
Generally, courts in a member state of New York Arbitration Convention, such as Japan, the US, China or India, are not allowed to accept a petition. For any question or information, you can make use of the videos below, or contact and ask us.
Advantages of Arbitration
Advantages of arbitration are:
- Parties can discretion to decide which arbitral tribunal, arbitrator, venue of arbitration, language, and applicable law are used in an arbitration process
- Arbitration is mostly confidential
- No appeal is possible, which enables parties to resolve a dispute promptly
- The
New York Convention allows for the enforcement of Arbitral awards for signatory states
