SICC and INTEGRAF

The SICC is collaborating with the Singapore Mediation Centre ("SMC") on its new alternative dispute resolution service ("ADR") known as the Integrated Appropriate Dispute Resolution Framework ("INTEGRAF"). INTEGRAF is a framework for the management of complex conflicts arising from large projects or commercial transactions. It will allow parties to apply one or more modes of dispute resolution solutions to different aspects of a dispute. In particular, complex disputes, such as those from the SICC's Technology, Infrastructure and Construction List may benefit from INTEGRAF.

Under INTEGRAF, parties may establish a Conflict Avoidance Board ("CAB") appointed by the SMC who will guide the parties through the dispute resolution processes. The CAB will assist parties in reaching a Mediated Settlement Agreement, or it can issue an Opinion or Determination.

The SICC acts as the final step in INTEGRAF. With the SICC-INTEGRAF Model Clause, parties can designate the SICC as the forum of last resort where ADR processes are unsuccessful. Parties may also agree to enforce the CAB's Mediated Settlement Agreement, Opinion or Determination in the SICC.

Clause A:

The parties agree that any dispute arising out of or in connection with the contract (the "Dispute") shall first be referred to the Singapore Mediation Centre for resolution in accordance with the prevailing [INTEGRAF Rules]. If the Dispute cannot be resolved under the [INTEGRAF Rules] within [12] weeks after commencement of the resolution proceedings under the [INTEGRAF Rules] or within such other period as may be agreed by the parties, each party irrevocably submits the Dispute to the exclusive jurisdiction of the Singapore International Commercial Court.

Clause B: [For TIC List matters only]

The parties agree that the Dispute shall be placed on the Technology, Infrastructure and Construction List of the Singapore International Commercial Court in accordance with the relevant rules and procedures governing proceedings before the Court.

Note 1: Parties may consider clarifying that a dispute arising out of or in connection with the contract includes "any question regarding the existence, validity or termination" of the contract.

Note 2: Parties should be aware that by changing this clause to a "non-exclusive" submission to the jurisdiction of the Singapore International Commercial Court, they may not be able to avail themselves of, amongst other benefits, the judgment recognition and enforcement framework provided by the Hague Convention on Choice of Court Agreements. If there is a written jurisdiction agreement between the parties to submit to the jurisdiction of the Singapore International Commercial Court, the Singapore International Commercial Court will not decline to assume jurisdiction in an action solely on the ground that the dispute between the parties is connected to a jurisdiction other than Singapore and this remains so regardless of whether such submission is exclusive or non-exclusive: see Order 2, Rule 3 read with Rule 1(7) of the Singapore International Commercial Court Rules 2021.

Please refer to the SMC website for more information on the INTEGRAF and the INTEGRAF Rules.