Singapore legislation
Section 35B
Section 35B
Sections 32 and 33 not to extend to mediation
(1)
Sections 32 and 33 do not extend to —
any certified mediator conducting any mediation;
any mediator conducting any mediation which is administered by a designated mediation service provider; (c)any foreign lawyer representing any party in any mediation that —
is conducted by a certified mediator or administered by a designated mediation service provider; and
relates to a dispute involving a cross-border agreement where Singapore is the venue for the mediation; or
any foreign lawyer registered under section 36P and representing any party in any mediation that relates to a dispute in respect of which an action has commenced in the Singapore International Commercial Court.
(2)
In this section —
Definition
“certified mediator”, “designated mediation service provider”, “mediation” and “mediator” have the meanings given by the Mediation Act 2017;
Definition
“cross-border agreement” means an agreement in respect of which any one or more of the following circumstances exist:
at least one party to the agreement is incorporated, resident or has its place of business outside Singapore; (b)the subject matter of the agreement —
is most closely connected to a place located outside Singapore; or
has no physical connection to Singapore; (c)the obligations under the agreement are to be performed entirely outside Singapore.
(3)
This section applies in relation to any mediation conducted on or after 1 November 2017, whether the mediation commences before, on or after that date.
(4)
For the purposes of subsection (3), a mediation to resolve the whole or part of a dispute commences on the day on which all the parties agree to refer any part of that dispute for mediation.