Litigation-Mediation-Litigation Framework

The SICC and the Singapore International Mediation Centre ("SIMC") have collaborated to establish a litigation-mediation-litigation ("LML") framework with a view to promoting the amicable resolution of international commercial disputes. Parties may choose to adopt the LML Protocol when contracts are being negotiated by incorporating the model LML Clause into their agreements. Alternatively, parties may by a separate agreement adopt the LML Protocol at any other time, such as after a dispute has arisen. The LML Protocol sets out the procedure under which disputes commenced in the SICC are to be referred to the SIMC for mediation, and the procedure to continue or terminate proceedings in the SICC on the conclusion of the mediation. Amongst other things, the LML Protocol also provides for a case management stay of the SICC proceedings for up to 8 weeks after the commencement of mediation, subject to any extension by the Court for good reasons, and the LML Protocol also recognises that the Court may grant interim relief to preserve a party's rights despite a case management stay.

LML Model Clause

Agreement (supplemental to a Basic Jurisdiction Clause) to resolve a matter through a Litigation-Mediation-Litigation framework

"[A dispute, controversy or claim having arisen between the parties concerning [define dispute] (the "Dispute"), each party hereby irrevocably submits the Dispute to the exclusive jurisdiction of the Singapore International Commercial Court.] The parties further agree that despite the commencement of proceedings in the Singapore International Commercial Court, the parties will attempt in good faith to resolve the Dispute through mediation at the [Singapore International Mediation Centre], in accordance with the Litigation-Mediation-Litigation protocol for the time being in force between the Singapore International Commercial Court and the [Singapore International Mediation Centre]. [Any settlement reached in the course of mediation may be recorded by the Singapore International Commercial Court as a consent order on agreed terms.]"

Click here to view the LML Protocol (PDF, 113 KB).

Memorandum of Understanding between the Supreme Court of Singapore and the Supreme People's Court of the People's Republic of China

On 1 April 2023, the Supreme Court of Singapore and the Supreme People's Court of the People's Republic of China signed a Memorandum of Understanding ("MOU") on cooperation on the management of international commercial disputes in the context of the Belt and Road Initiative ("BRI") through a LML framework.  Parties to BRI disputes may consider adopting either of the following LML Model Clauses mentioned in the MOU.

Where the parties choose to resolve the dispute in the SICC

"Each party irrevocably submits to the exclusive jurisdiction of Singapore International Commercial Court any dispute arising out of or in connection with this contract (including any question relating to its existence, validity or termination).

The parties agree that after the commencement of court proceedings, they will attempt in good faith to resolve any such dispute through mediation in accordance with the Litigation-Mediation-Litigation Protocol of the Singapore International Commercial Court."

Where the parties choose to resolve the dispute in the China International Commercial Court

"Each party, according to the procedural law of the seat of the court, irrevocably submits to the exclusive jurisdiction of the China International Commercial Court any dispute arising out of or in connection with this contract (including any question relating to its existence, validity or termination)."

The parties agree that after the commencement of court proceedings, they will attempt in good faith to resolve any such dispute through mediation in accordance with the Procedural Rules for the China International Commercial Court of the Supreme People's Court."

Click here (PDF, 661 KB) to view the MOU.