Singapore legislation

Section 35B

of Legal Profession Act 1966

Section 35B

Sections 32 and 33 not to extend to mediation

Amended by1/20171/20171/20171/2017

(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.

Amended by1/2017

(2)

In this section —

Amended by1/2017

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:

(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.

Amended by1/2017

(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.

Amended by1/2017

(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.

Amended by1/2017
Section 35B — Legal Profession Act 1966 | laws.sg