Singapore legislation
Clause 63
Clause 63
Power of arbitrator to act as mediator
(1)
If all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn his consent in writing, an arbitrator may act as a mediator.
(2)
An arbitrator acting as a mediator —
may communicate with the parties to the arbitral proceedings collectively or separately; and
shall treat information obtained by him from a party to the arbitration proceedings as confidential, unless that party otherwise agrees or unless subsection (3) applies.
(3)
Where confidential information is obtained by an arbitrator from a party to the arbitration proceedings during mediation proceedings and those proceedings terminate without the parties reaching agreement in settlement of their dispute, the arbitrator shall before resuming the arbitration proceedings disclose to all other parties to the arbitration proceedings as much of that information as he considers material to the arbitration proceedings.
(4)
No objection shall be taken to the conduct of arbitration proceedings by a person solely on the ground that that person had acted previously as a mediator in accordance with this section.
(5)
For the purposes of this section and section 62 —
any reference to a mediator shall include a reference to any person who acts as a conciliator;
any reference to mediation proceedings shall include a reference to conciliation proceedings.