Singapore legislation

Clause 17

of Mediation Bill

Clause 17

Related amendment to Legal Profession Act

The Legal Profession Act (Cap. 161, 2009 Ed.) is amended by inserting, immediately after section 35A, the following section:“Sections 32 and 33 not to extend to mediation35B.—

(1)

Sections 32 and 33 do not extend to —

(a)

any certified mediator conducting any mediation;

(b)

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 —

(i)

is conducted by a certified mediator or administered by a designated mediation service provider; and

(ii)

relates to a dispute involving a cross‑border agreement where Singapore is the venue for the mediation; or

(d)

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 —“certified mediator”, “designated mediation service provider”, “mediation” and “mediator” have the same meanings as in the Mediation Act 2016;“cross‑border agreement” means an agreement in respect of which any one or more of the following circumstances exist:

(a)

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 —

(i)

is most closely connected to a place located outside Singapore; or

(ii)

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 the date of commencement of the Mediation Act 2016, 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.”.