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In forceAmended2020 Revised Edition

Part 4 · Privileges of Advocates and Solicitors

35B. Sections 32 and 33 not to extend to mediation

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Amended

Last amended by an amending law of 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.

(2)

In this section —

“certified mediator”, “designated mediation service provider”, “mediation” and “mediator” have the meanings given by the Mediation Act 2017;

“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 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.

Report

Part 4A

Registration of Foreign Lawyers, Solicitors in Foreign Law Practices and Non-Practitioners, Etc.

Part 4B

Representation in Singapore International Commercial Court

Part 5

The Law Society of Singapore

Part 5A

Prevention of Money Laundering, Terrorism Financing and Financing of Proliferation of Weapons of Mass Destruction

Part 5B

Unclaimed Money Fund

Part 6

Professional Practice, Conduct and Discipline

Part 6A

Part 6B

Part 7

Disciplinary Proceedings

Part 8

Remuneration Received by Singapore Law Practices or Solicitors, or in Respect of Practice of Singapore Law

Part 8A

Conditional Fee Agreements

Part 9

Recovery and Assessment of Costs

Part 9A

Law Practice Entities

Part 10

Miscellaneous

Schedules