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Singapore Law Watch
23-05-2025
- Business
- Singapore Law Watch
Singapore's alternative dispute resolution ecosystem must evolve to stay relevant: Murali
Singapore's alternative dispute resolution ecosystem must evolve to stay relevant: Murali Source: Straits Times Article Date: 23 May 2025 Author: Zaihan Mohamed Yusof This will ensure businesses have certainty amid a volatile world, says Minister of State for Law and Transport Murali Pillai. Hubs for alternative dispute resolution (ADR) must evolve to deliver certainty and the rule of law for businesses amid the volatile global landscape. In a speech on May 22 to about 200 delegates at the Alternative Dispute Resolution Conference, Minister of State for Law and Transport Murali Pillai said Singapore aims to navigate the complex and dynamic global environment in three ways – upholding the rule of law, innovation and creating partnerships. On the rule of law, Mr Murali said Singapore is a strong proponent of multilateralism, noting that the Republic had signed and ratified a number of key international conventions, including the New York Convention, the Hague Choice of Court Convention and the Singapore Convention on Mediation. He said these instruments enhance the enforceability of arbitral awards, court judgments and mediated settlement agreements across borders. Mr Murali highlighted the most recent addition – the Singapore Convention on Mediation, which currently has 18 parties and 57 signatories, including many countries from Asean and Asia. 'We hope that more countries will sign and ratify the convention, allowing mediation to become a truly effective and trusted means for resolving cross-border disputes – complementing arbitration as a key pillar of international dispute resolution,' he said. Speaking at the conference, held at the Pan Pacific Singapore and jointly organised by the Law Society of Singapore and LawAsia (The Law Association for Asia and the Pacific), Mr Murali said that Singapore must consistently innovate, improve and create better ways to meet global needs. He said changes were made to introduce a framework for fee agreements to align the ADR landscape in Singapore with practices and developments on the international front. Singapore has also embraced technology, with the Singapore International Mediation Centre offering the use of the Mediation Artificial Intelligence Assistant. The tool allows users to quickly make sense of large volumes of information, including generating a chronology of events, outlining the roles of individuals, providing a table of common positions and differences between parties, and summarising the documents and data provided by parties. Mr Murali said Singapore recognises that it cannot operate in isolation because of the international nature of the disputes. At the government-to-government level, he noted that the Ministry of Law has signed memorandums of understanding with counterparts around the world. ADR institutions here have also collaborated with foreign ADR institutions, trade bodies, bar associations, hearing centres and law schools to exchange knowledge and best practices. Mr Murali said ADR institutions in Singapore have an international board, court and panel from both common law and civil law jurisdictions. 'Just as Singapore is integrated into the global trading system, our ADR ecosystem must also be globally connected. 'To this end, we have liberalised our dispute resolution regime,' he added, noting that parties can appoint counsel, arbitrators and mediators of any nationality. In his speech, Mr Murali said he is optimistic that globalisation is here to stay, though in a different form, with new ties forged between like-minded jurisdictions. He said he was especially confident about the future of Asia, noting that three of the top five largest economies in the world are in Asia – China, Japan and India. 'Asean, as a collective bloc, is around the same size as India. This region is dynamic and full of promise. The Asia-Pacific is home to over 60 per cent of the world's youth aged 15 to 24, representing not only a significant source of talent but also a growing base of consumers. 'With an expanding middle class and increasing urbanisation, we are witnessing a surge in infrastructure development and economic activity. And where business thrives, so too does demand for legal and dispute resolution services. There is room for all of us to benefit from this growth,' he added. Legal experts speaking to The Straits Times on the sidelines of the event said new trends are emerging in the ADR environment. One of the delegates at the conference, Mr See Chern Yang, director of dispute resolution at Drew & Napier, told ST: 'We are starting to see more commercial disputes, especially now... cross-border, commercial disputes between two parties of different countries getting through the mediation system. 'We are also starting to see a trend of what we call pre-commencement mediation, which means even before the case is found in the court, before litigation commences, parties with their lawyers collectively decide, 'let's mediate'.' Parties from around the world have chosen Singapore as the dispute resolution forum, even when the dispute has no direct connection with Singapore. In the latest Queen Mary University of London and White & Case's International Arbitration Survey, Singapore continues to rank among the top four most preferred seats of arbitration across all regions, including Africa and Latin America. The Singapore International Arbitration Centre has received cases from parties in 110 jurisdictions. Mr Shyam Divan, president of LawAsia, said ADR can bring cost savings and more efficiency to feuding parties. In international trade disruptions, such as during the Covid-19 pandemic, parties may find themselves having a problem that needs to be solved quickly. Mr Divan told ST: 'So in situations like that, I think ADR, without having to go through the court system, is much more efficient – either through the arbitration or the mediation route – in trying to have a solution that is acceptable to two sides.' He added that he sees mediated settlements gaining popularity. Mr Murali, who will be appointed Senior Minister of State for Law and Transport on May 23, told ST about his new role of 'being a team player in the team captained by Prime Minister Lawrence Wong'. 'The goal is simple but difficult – to win the match to secure our country's future at local, national and international levels,' he said. Source: The Straits Times © SPH Media Limited. Permission required for reproduction. Print
Straits Times
22-05-2025
- Business
- Straits Times
Singapore's dispute resolution ecosystem must evolve to stay relevant: Murali
Mr Murali Pillai, Minister of State for Law and Transport, speaking at the Alternative Dispute Resolution Conference on May 22. ST PHOTO: NG SOR LUAN SINGAPORE – Hubs for Alternative Dispute Resolution (ADR) must evolve to remain relevant to businesses, to deliver certainty and rule of law amid the volatile global landscape. In a speech on May 22 to about 200 delegates at the Alternative Dispute Resolution Conference, Mr Murali Pillai, Minister of State for Law and Transport, said Singapore aims to navigate the complex and dynamic global environment in three ways – upholding the rule of law, innovation and creating partnerships. On the rule of law, Mr Murali said Singapore is a strong proponent of multilateralism, noting that the Republic had signed and ratified a number of key international conventions, including the New York Convention, the Hague Choice of Court Convention, and the Singapore Convention on Mediation. He said these instruments enhance the enforceability of arbitral awards, court judgments, and mediated settlement agreements across borders. Mr Murali highlighted the most recent addition - the Singapore Convention on Mediation, which currently has 18 parties and 57 signatories, including many progressive countries from ASEAN and Asia. 'We hope that more countries will sign and ratify the Convention, allowing mediation to become a truly effective and trusted means for resolving cross-border disputes – complementing arbitration as a key pillar of international dispute resolution,' he said. Speaking at the conference, jointly organised by the Law Society of Singapore and LawAsia (The Law Association for Asia and the Pacific), held at the Pan Pacific Singapore, Mr Murali said Singapore must consistently innovate, improve, and create better ways to meet global needs. He noted changes were made to introduce a framework for fee agreements, to align the ADR landscape in Singapore with practices and developments on the international front. Singapore also embraced technology, with the Singapore International Mediation Centre (SIMC) offering the use of the Mediation Artificial Intelligence (AI) Assistant. The tool allows users to quickly make sense of large volumes of information, including generating a chronology of events, outlining the roles of individuals, providing a table of common positions and differences between parties, and summarising the documents and data provided by parties Mr Murali said because of the international nature of the disputes, Singapore recognises that it cannot operate in isolation. At the government-to-government level, he noted that the Ministry of Law has signed memorandum of understanding with counterparts around the world. ADR institutions have also collaborated with foreign ADR institutions, trade bodies, bar associations, hearing centres and law schools, to exchange knowledge and best practices. Mr Murali said ADR institutions in Singapore have an international Board, Court and panel from both common law and civil law jurisdictions. 'Just as Singapore is integrated into the global trading system, our ADR ecosystem must also be globally connected. 'To this end, we have liberalised our dispute resolution regime,' he added, noting that parties can appoint counsel, arbitrators and mediators of any nationality. In his speech, Mr Murali said he is optimistic that globalisation is here to stay, though in a different form, with new ties forged between like-minded jurisdictions. He said he was especially confident about the future of Asia, noting that three of the top five largest economies in the world are in Asia – China, Japan and India. 'ASEAN, as a collective bloc, is around the same size as India. This region is dynamic and full of promise. 'The Asia-Pacific is home to over 60 per cent of the world's youth aged 15 to 24, representing not only a significant source of talent, but also a growing base of consumers. 'With an expanding middle class and increasing urbanisation, we are witnessing a surge in infrastructure development and economic activity. 'And where business thrives, so too does demand for legal and dispute resolution services. There is room for all of us to benefit from this growth,' he added. Legal experts speaking to The Straits Times at the sideline of the event said new trends are emerging in the ADR environment. One of the delegates at the conference, Mr See Chern Yang, director of dispute resolution at Drew & Napier, told The Straits Times: 'We are starting to see more commercial disputes, especially now... cross border, commercial disputes between two parties of different countries getting through the mediation system. 'We are also starting to see a trend of what we call pre-commencement mediation, which means even before the case is found in the court, before litigation commences, parties with their lawyers collectively decide, 'let's mediate'.' Mr See Chern Yang, director of dispute resolution at Drew & Napier, said that they are starting to see more commercial disputes, especially now. ST PHOTO: NG SOR LUAN Parties from around the world have chosen Singapore as the dispute resolution forum , even when the dispute has no direct connection with Singapore. In the latest Queen Mary University of London and White & Case's International Arbitration Survey, Singapore continues to rank amongst the top four most preferred seats of arbitration across all regions, including Africa and Latin America. The Singapore International Arbitration Centre has received cases from parties from 110 jurisdictions. Mr Shyam Divan, president of LawAsia, said ADR can bring cost-savings and be more efficient to feuding parties. In international trade disruptions, such as the Covid-19 pandemic, parties may find themselves having a problem which needs to be solved quickly. Mr Divan told ST: 'So in situations like that, I think ADR, without having to go through the court system, is much more efficient – either through the arbitration or the mediation route – in trying to have a solution which is acceptable to two sides.' He added that he sees mediated settlements gaining popularity. Mr Shyam Divan, president of LawAsia, said ADR can bring cost-savings and be more efficient to feuding parties. ST PHOTO: NG SOR LUAN Mr Murali, who will be appointed Senior Minister of State for both portfolios from May 23 , told ST about his new role as 'being a team player in the team captained by Prime Minister Lawrence Wong'. He said: 'The goal is simple but difficult – to win the match to secure our country's future at local, national and international levels.' Zaihan Mohamed Yusof is senior crime correspondent at The Straits Times. Join ST's WhatsApp Channel and get the latest news and must-reads.
Malaysian Reserve
19-05-2025
- Business
- Malaysian Reserve
Azalina: Malaysia-Japan continue to strengthen legal cooperation in the field of arbitration
TOKYO — The Asian International Arbitration Centre (AIAC) and the Japan Commercial Arbitration Association (JCAA) have signed a Memorandum of Understanding (MoU) to strengthen legal cooperation in the field of arbitration, according to the Legal Affairs Division of the Prime Minister's Department (BHEUU). BHEUU, in a statement, informed that the signing of the MoU was witnessed by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said during a high-impact official working visit to Japan for three days starting from May 15. The signing of the MoU, among other things, formalises cooperation in the areas of commercial arbitration, capacity building, and joint training initiatives between AIAC and JCAA, which will be further strengthened at the ministerial level during the Special Malaysia-Japan Dialogue on Legal Cooperation next August. 'This dialogue, which brings together several government-recognised arbitration institutions from both countries, aims to create deeper cooperation in the MADANI Government's efforts to translate the outcomes of the dialogue into actual implementation,' the statement said here last night. Azalina was quoted in the statement as saying that Malaysia and Japan agree that the real success in legal cooperation is determined through action. She said that through knowledge sharing within institutions, Malaysia is moving towards creating a regional legal ecosystem that supports the commercial sector, enhances investor confidence, and promotes sustainable regional development to serve the people and regional economic development. 'Malaysia and Japan have deep bilateral ties, especially in legal cooperation. In conjunction with Malaysia's ASEAN chairmanship in 2025, this visit reflects Malaysia's continued commitment to strengthen legal institutions that support sustainable development and regional integration,' she said. BHEUU informed that the visit also demonstrated the international community's confidence and recognition regarding Malaysia's legal and institutional reform agenda, as Azalina was invited to present Malaysia's comprehensive legal reform agenda, which garnered interest from stakeholders in Japan. Among the matters presented were the Drafting of the Online Safety Act (2024), Amendments to the Arbitration Act (2024), Amendments to the Mediation Act 2012, Ratification of the Singapore Convention on Mediation, Reinstatement of the Parliamentary Services Act (2025), and efforts to implement the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency. The statement also informed that the Malaysian delegation discussed the MADANI Government's plan to establish a Special Mediation Task Force, with an emphasis on mediation as a core for dispute resolution, improving access to justice, reducing the burden of litigation, and providing cost-effective alternatives. 'Discussions with the Japan International Mediation Center (JIMC) in Kyoto and a visit to the Faculty of Law at Doshisha University further reinforced this strategic priority,' the statement said. The strategic mission to Japan builds on the momentum of broader ASEAN-Malaysia legal diplomacy efforts, as a continuation of Azalina's recent visits to Indonesia, Thailand, Cambodia, and Vietnam. In addition, Azalina held a bilateral meeting with the Japanese Minister of Justice, Keisuke Suzuki, where both sides discussed shared priorities, including the legal reform agenda, digitalisation of the justice system, and capacity building in alternative dispute resolution (ADR) mechanisms. She also met several key Japanese legal and parliamentary figures, legal practitioners, and arbitration experts to strengthen Malaysia's ties with Japan, especially in the areas of law and justice. 'This mission marks an important step towards translating shared commitments into effective implementation, strengthening mutual trust, and laying the foundation for a resilient and future-ready legal architecture across the region,' the statement said. — BERNAMA
