JIMC-SIMC Joint Covid-19 Protocol

 (Effective as of September 13, 2020)

Article 1 (Scope) 

1.  The JIMC-SIMC Joint Covid-19 Protocol (“Joint Covid-19 Protocol”) applies to all disputes, whether or not the disputes are caused by the pandemic or by legislation relating to the pandemic. 

2.  To the extent allowed by the law, Parties who are affected by any legislation relating to the pandemic are not precluded from relying on the Joint Covid-19 Protocol, which may be amended to be compatible with the laws of a given jurisdiction. 

3.  Parties may agree to modify the terms of the Joint Covid-19 Protocol, subject to the agreement of JIMC and SIMC, and of the mediators.

 

Article 2 (Filing)

 1.  A Party may file for mediation under the Joint Covid-19 Protocol by submitting an electronic mediation request form on either JIMC’s or SIMC’s website and paying a JPY 20,000 or SGD 250 filing fee. 

2.  A Party may file for mediation under the Joint Covid-19 Protocol with the prior agreement of all Parties to mediate the dispute. Where a Party files for mediation without such agreement, SIMC or JIMC may assist the filing Party to seek the consent of all Parties to the dispute. 

3.  Upon the existence of an agreement to mediate, SIMC or JIMC will send a written confirmation to the Parties. The date of the written confirmation will be deemed to be the mediation commencement date. 

4.  Depending on whether the filing is made to JIMC or SIMC, the rules of the JIMC or SIMC shall apply to the mediation, subject to and as modified by the Joint Covid-19 Protocol. In the event of inconsistency, the interpretation of JIMC’s Secretary General or SIMC’s Chief Executive Officer, as the case may require, prevails.

 

Article 3 (Mediators)

 1.  JIMC and SIMC will select and appoint mediators under the Joint Covid-19 Protocol. 

 2.  Unless otherwise agreed, a mediation will be conducted by two co-mediators at special rates.

 3.  The mediators selected and appointed by JIMC or SIMC under the Joint Covid-19 Protocol will be experienced in the resolution of a wide range of disputes, including complex, high-stakes commercial disagreements. The appointments will take into account factors such as experience, qualifications, nationality and language ability.

 4.  Where the Parties select the mediators by themselves for JIMC and SIMC’s appointment, the mediators’ commercial rates will apply and the Parties may have to pay additional fees, notwithstanding the Fee Schedule (see Article 5).

 5.  Despite the above, the Parties may agree to choose a sole mediator for the mediation.

 

Article 4 (Expedited Procedure)

 1.  JIMC and SIMC will make best efforts to organize the mediation of the dispute, including the appointment of the mediators, within ten (10) business days of the mediation commencement date. This period may be changed on agreement of the Parties and/or the mediators and excludes any delay due to matters beyond JIMC or SIMC’s reasonable control.

 2.  Mediation under the Joint Covid-19 Protocol will in principle be conducted online.

 3.  A Party may discontinue the mediation proceedings at any time in accordance with the applicable rules of JIMC or SIMC.

 4.  The Parties may seek enforcement in countries that have approved or ratified the Singapore Convention on Mediation. 

 

Article 5 (Fees)

 1.  Under the Joint Covid-19 Protocol, special fee arrangements will apply. This includes reduced fee arrangements that include all administration fees and co-mediators’ fees (the “Fee Schedule”). The Fee Schedule applies if the case meets the conditions in this Article. 

1.1       The Fee Schedule applies to a 2-mediator and 2-party mediation, and is based on the total value of the amounts claimed. For other types of mediation, JIMC and SIMC will determine a fee in consultation with the Parties. For example, for mediations involving more than 2 parties, JIMC and SIMC will determine a discount, if appropriate, in consultation with the Parties.

1.2       The Fee Schedule applies when JIMC and SIMC select the mediators. Generally, the experience of the mediators will be related to the complexity and nature of the matter. The total value of the amounts claimed is deemed to be an indicator of the complexity of the matter. Where Parties decide to choose their own mediators, the mediators’ commercial rates will apply. 

1.3       The Fee Schedule applies when the mediation is conducted fully online. JIMC and SIMC are able to provide physical venues for mediations that will be conducted partially in person. However, different rates may apply. 

1.4       The Fee Schedule is calculated based on a total of eight (8) hours in pre-mediation preparation and mediation time per mediator, and excludes overtime, weekend and public holiday charges. 

1.5       Where the mediators deem the matter to be complex, for example, that it requires more preparation time and/or pre-mediation, JIMC and SIMC will discuss this issue with the Parties and conduct a reasonable reassessment with a view to an increase of the payable fees. If there is no agreement on the increase, the Parties may seek JIMC’s and SIMC’s assistance to select another mediator(s) at no extra cost. 

1.6       Where the total dispute amount cannot be quantified, JIMC or SIMC will determine the payable fees in consultation with the Parties. 

1.7       For all other cases, or if the Parties have special requests and considerations, the Parties may contact JIMC or SIMC for a complimentary discussion. JIMC and SIMC will determine the fees payable in consultation with the Parties. JIMC and SIMC commit to exercising flexibility on their fees, to reflect the unique differences and services required for each case.

 

Article 6 (Term) 

1.  The Joint Covid-19 Protocol will be in force until 11 September 2021. 

2.  Throughout the term of the Joint Covid-19 Protocol, JIMC and SIMC may amend the Protocol at any time, although any amendments will have no retrospective effect on Parties who have already filed requests under the Joint Covid-19 Protocol. 

 

Article 7 (Liability) 

1.  To the extent allowed by law, the mediators, JIMC, SIMC, and their employees shall not be liable to any person for any act or omission in connection with the mediation under the Joint Covid-19 Protocol.

  


Fee Schedule

Explainer: The Fee Schedule below applies based on the JIMC-SIMC Protocol, including Article 5. Parties making the mediation request through JIMC may refer to Table 1, while Parties making the mediation request through SIMC may refer to the equivalent rates in Table 2.

 

Table 1:

紛争価値

1当事者当たりの費用 (日本円)

1億円以下

50万円

1億円-5億円

紛争価格の0.5%(但し上限100万円)

5億円以上

紛争価格の0.2%(但し上限125万円)

 

Table 2:

Dispute Value (SGD)

Total fee payable per Party (SGD)

Below $1.3M

$6,500

SGD $1.3M~6.5M

0.5% of Dispute Value, subject to a cap of $13,000

Above $6.5M

0.2% of Dispute Value, subject to a cap of $16,000

 

Japan International Mediation Center in Kyoto

The Institutional Mediation Rules

(Effective as of November 20, 2018)

 

Article 1 Application of these Rules

These Mediation Rules (these “Rules”) shall apply to mediation administered by the Japan International Mediation Center in Kyoto (the “Center”).

 

Article 2              Modification by Agreement

The parties may at any time agree to modify any provision of these Rules.

 

Article 3              Commencement of Mediation

1.     Any party wishing to commence mediation shall send a written request for mediation (the “Request”) to the Center and to the other party to the mediation. The Request shall be sent to the Centre by postal service, facsimile, or e-mail or any other electronic means, together with the filing fee provisioned in Appendix (Fee Schedule for Institutional Mediation. The mediation proceedings shall commence when the Centre acknowledges receipt of the Request and the filing fee.

2.     The Request shall include the following information:

(a)   the name, address, telephone number, facsimile number and email address (the “Contact Details”) of the requesting party;

(b)   the Contact Details of the attorney or counsel representing the requesting party, if any;

(c)   the Contact Details of the other party to the mediation to the extent of the requesting party’s knowledge; and

(d)   the agreement to mediate between the parties, if any. 

3.     Except where there is agreement to mediate between the parties, the Center shall promptly after its acknowledgement of receipt of the Request and the filing fee, dispatch the notice of the Request to the other party and request them to confirm whether or not they agree to mediate. The Request is deemed to be refused by the other party that does not confirm its agreement within 14 days of the date of such dispatch and the mediation proceedings shall terminate.

4.     The Center shall request the parties to the mediation to pay deposits to cover administrative and other expenses after its acknowledgement of the receipt of the filing fee and confirmation of agreement to mediate by the other party under Article 3.3. Upon termination of the proceedings, the Center shall fix the total costs of the mediation and reimburse the parties for any excess payments.

5.     If any requested deposit under Article 3.4 is not paid in full, the Center may stay the mediation proceedings. Following the payment of all requested deposits, the Center shall consult with the parties and the mediator (if appointed) about the mediation proceedings.

 

Article 4              Number and Appointment of Mediators

1.     There shall be one mediator unless the parties agree otherwise.

2.     The parties may request the Center to provide a list of candidates for mediator.

3.     The parties may request the Center to recommend one or more candidates for mediator.

4.     Where the parties are unable to agree on a mediator within 20 days from the date of commencement of the mediation, the Center may appoint a mediator after consultation with the parties.

5.     The Center shall consider a prospective mediator’s attributes including but not limited to nationality, skills, qualifications, and experience.

6.     Before appointment, a prospective mediator shall submit to the Center a written declaration of acceptance of appointment including a statement of impartiality and independence and shall disclose to the parties all circumstances concerning impartiality and independence

7.     Calculation, administration, payment, and other matters concerning mediators’ fees and expenses are set out in the Institutional Mediation Regulations of the Center.

 

Article 5              Conduct of the Mediation

1.     In conducting the mediation proceedings, the mediator shall treat the parties fairly and impartially taking into account the circumstances of the case.

2.     The mediator may, at any stage of the proceedings, make proposals for settlement of the dispute.

3.     The parties shall make every effort to conduct the mediation proceedings in an expeditious manner.

4.     The Center will provide general administrative support to facilitate the conduct of the mediation proceedings.

5.     The Center may appoint a person to assist the mediator with administering proceedings subject to agreement by the parties. The Center shall disclose to the parties in advance information about such assistant and the parties may object to such appointment. Any such assistant will function at no cost to the parties unless agreed otherwise among the parties and the assistant.

 

Article 6              Communications Between the Mediator and the Parties

1.     The mediator may meet or communicate with the parties jointly or individually.

2.     If the mediator meets or communicates with a party individually, the mediator shall inform the other party about such meeting or communication.

3.     Where the mediator receives information about the dispute from a party, the substantial content of this information will not be disclosed without the consent of that party.

 

Article 7 Confidentiality

1.     Any information relating to the mediation proceedings shall be kept confidential except where its disclosure is necessary under the applicable law or for the purposes of implementation and enforcement of a settlement agreement.  

2.     The parties to the mediation, the mediator, and any other persons involved in the mediation proceedings shall not rely on, introduce as evidence, or give testimony based on in any arbitration, judicial or similar proceedings:

(a)      the fact that any party made a Request or wished to participate in mediation proceedings; or

(b)      any views expressed or suggestions made by any party in the course of the mediation proceedings in respect of a possible settlement of the dispute; or

(c)      any statements or admissions made by any party in the course of the mediation proceedings; or

(d)      any proposals made by the mediator; or

(e)      the fact that any party indicated its willingness to accept a proposal for settlement made by the mediator; or

(f)       the documents prepared solely for the mediation proceedings.

However, if required to do so under applicable law or for purposes of implementation or enforcement of a settlement agreement, the parties may disclose or produce such information or evidence to the extent necessary.

3.     The provisions of this Article shall be applicable whether or not the arbitration, judicial or similar proceedings relate to the dispute that is subject of the present or past mediation proceedings.

 

Article 8              Termination of Mediation Proceedings

The mediation proceedings shall terminate:

(a)   by the signing by the parties of a settlement agreement, on the date of the agreement; or

(b)   by the declaration of the mediator that further efforts at mediation are no longer justified, on the date of the declaration; or

(c)   by the declaration of a party addressed to the other party and the mediator, if appointed, that the mediation proceedings are terminated, on the date of declaration; or

(d)   by the refusal by the other party of the Request notified in accordance with Article 3.3, on the date of the refusal.

 

Article 9              Arbitration by Mediator

Unless the parties agree otherwise, the mediator shall not act as an arbitrator in respect of a dispute that is the subject of the present or past mediation proceedings, or any dispute arising out of or in connection with the same contract or legal relationship or the related contract or legal relationship.

 

Article 10 Resort to Arbitration or Litigation

Either party may commence any arbitration or judicial proceedings in respect of a dispute that is the subject of mediation proceedings under these Rules where, in its opinion, such proceedings are necessary for preserving its own rights. The commencement of such proceedings shall not be deemed to be an abandonment of an agreement to mediate or a termination of mediation proceedings.

 

Article 11 Correspondence

1.        Correspondence provided for in these Rules may be conducted by e-mail, facsimile, or postal service; provided that the mediator may determine otherwise.

2.        All correspondence to the Center shall be in Japanese or English.

 

Article 12 Limitation of Liability

The mediator, the Center, and directors, officers and employees of the Center shall not be liable to any person for any act or omission in connection with mediation proceedings unless such act or omission is intentional or the result of gross negligence.

 

Article 13 Fees

Fees are set out in Appendix (Fee Schedule for Institutional Mediation).



Japan International Mediation Center in Kyoto

Institutional Mediation Regulations

 

Calculation, administration, payment, and other matters concerning mediators’ fees and expenses shall be discussed and determined between the parties and the mediator after appointment. The Center shall not be responsible or liable for these arrangements.

 


 

Appendix

Japan International Mediation Center in Kyoto

Fee Schedule for Institutional Mediation

 

Article 1              Filing Fee

The party filing the Request shall make a payment of JPY 50,000 as the filing fee. The filing fee is not refundable.

 

Article 2              Administrative Expenses

1.     Each party shall pay the administrative expenses of the Center as set out below:

Amount in dispute

Administrative expenses per party

Up to JPY 19,999,999

JPY 100,000

From JPY 20,000,000 to JPY 99,999,999

JPY 150,000

From JPY 100,000,000 to JPY 199,999,999

JPY 250,000

From JPY 200,000,000 to JPY 999,999,999

JPY 350,000

From JPY 1,000,000,000 to JPY 4,999,999,999

JPY 450,000

Over JPY 5,000,000,000

JPY 500,000

2.     Where the amount in dispute is not stated, the administrative expenses shall be fixed by the Center at its discretion taking into account all circumstances of the case including indicators of the value of the dispute.

3.     In exceptional circumstances, the Center may at its discretion fix the administrative expenses   in excess of the provisions in Article 2.1.