Title:Hybrid Solutions for Modern Conflicts: Evaluating the Promise and Pitfalls of the arb-med-arb protocol
Author(s): Garima Dhankar (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
The Arb-Med-Arb (AMA) Protocol, 2014 jointly developed by the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC), integrates the consensual strengths of mediation with the enforceability of arbitration. This paper offers a critical evaluation of the AMA Protocol, contextualizing its emergence within Singapore’s broader effort to redefine access to justice and diversify cross-border dispute resolution. While the protocol is lauded for addressing the enforceability dilemma in mediation and preserving party autonomy, its practical application reveals nuanced limitations. The paper begins by outlining the AMA Protocol’s structural framework—its three-tiered process, institutional underpinnings, and dual reliance on SIAC and SIMC rules. It then highlights the protocol’s key strengths, including procedural flexibility, relationship preservation, speedy disposal and enforceability under the New York Convention. However, the analysis also identifies systemic vulnerabilities, including ambiguities surrounding jurisdictional objections, gaps in interim relief mechanisms, the risks posed by “double-hatting” of mediator-arbitrators, and challenges in formalizing complex mediated settlements as arbitral awards. To address these concerns, the paper proposes practical refinements to enhance procedural clarity and institutional robustness. It also critically assesses the AMA Protocol’s continued relevance in light of the Singapore Convention on Mediation (SCM), arguing that the two frameworks are complementary rather than competing. While the SCM enhances the enforceability of mediated settlements, it lacks the fallback adjudicative strength that the AMA Protocol provides. Ultimately, this paper contends that hybrid mechanisms like AMA are not merely transitional innovations, but integral to the evolving architecture of international dispute resolution. With thoughtful reform, the AMA Protocol can serve as a sustainable model that balances efficiency, enforceability, and procedural integrity in complex commercial disputes.
Keywords: Arb-Med-Arb, hybrid dispute resolution, mediation, arbitration, Singapore Convention
Cite this as: Garima Dhankar, “Hybrid Solutions for Modern Conflicts: Evaluating the Promise and Pitfalls of The Arb-Med-Arb Protocol” 5 IRIArb (2025).
*The views expressed are of author(s) only.