ADR Without Borders: MENA and Singapore in Conversation

Justice

On 27 August 2025, I had the privilege of co-organising, speaking, co-moderating and participating in a landmark event during Singapore Convention Week: Building Bridges in ADR: MENA Meets Singapore. Hosted by the Singapore International Dispute Resolution Academy (SIDRA) at the Shangri-La Hotel, this was a truly historic moment — the first time that a dedicated session on the Middle East and North Africa (MENA) region was held at Singapore Convention Week.

For someone who has spent much of his career researching and working on the development of arbitration and mediation in the MENA region, it was a proud and meaningful milestone. It showed not only that MENA’s ADR journey is increasingly recognised internationally, but also that there is genuine appetite for dialogue between two dynamic regions: MENA and Singapore. As I noted in my opening remarks, “The Middle East finally comes all the way East!” — and in this moment, a bridge that had long been imagined was tangibly being built.

The forum was structured around three substantive panels, framed by the signing of several important Memoranda of Understanding (MoUs). Among them, the MoU between SIDRA and Omani & Partners stood out as particularly significant. Out of this partnership, we will launch the SIDRA MENA ADR Survey 2026 — the first region-specific empirical study designed to generate reliable data on how arbitration and mediation are actually being used across MENA. For too long, the region has lacked this evidence base. Now, with this survey, we will be able to chart reform based on facts rather than assumptions.

Panel 1: Building ADR Institutions in MENA

The first panel, moderated by Professor Nadja Alexander, brought together H.E. Dr. Sheikh Thani bin Ali Al-Thani (Qatar), Dr. Nasser Al-Adba (Qatar), Mr. Hicham Zegrary (Morocco), Ms. Mariam Gotsiridze (Georgia/SIDRA),  Professor Marike Paulsson (Bahrain), and me.

Our discussion was framed around a central theme: what role should institutions play in shaping the region’s ADR ecosystem?

The consensus was clear. Institutions can no longer afford to act only as case administrators. They must serve as engines of trust, integration, and innovation. The MENA region today boasts several strong centres — QICCA, DIAC, arbitrateAD, SCCA, CRCICA, CIMAC — but they often operate in isolation. For international users, this fragmentation creates uncertainty. As a panel, we reflected on how institutions could harmonise certain touchpoints, from filing systems to timelines, without losing their distinctiveness.

Another strong theme was the mainstreaming of mediation. Arbitration continues to dominate in MENA, but mediation is increasingly vital for preserving business relationships in sectors such as construction, energy, and family-owned enterprises. I argued, drawing on my own research, that institutions must move from being administrators to architects of trust — embedding mediation in their rules, driving diversity, and shaping user expectations in ways that go beyond the case file.

The formal launch of the MENA ADR Survey 2026 during this panel added particular weight to the conversation. It was not just symbolic but signalled a new era where institutional development in MENA will be guided by hard data and regional voices.

Panel 2: Legislative Reform and ADR in MENA

The second panel, moderated by Francis Goh, featured Ms. Swati Jhaveri (SIAC), Dr. Judith Knieper (UNCITRAL), H.E. Counsellor Yousef Saeed Al Kuwaiti (UAE), Ms. Maria Mazzawi (arbitrateAD), and Dr. Ahmad Essam Alozn (UAE).

Here the spotlight shifted from institutions to laws. Singapore’s adoption of the UNCITRAL Model Law offered an important reference point: clear, internationally aligned legislation creates predictability for users. By contrast, the MENA region has often been characterised by fragmentation, with variations in arbitration and mediation laws that create complexity for cross-border investors.

Yet optimism ran through this discussion. Bahrain’s recent accession to the Singapore Convention on Mediation underscored that regional jurisdictions are aligning with global mediation standards. Abu Dhabi’s arbitrateAD framework, meanwhile, demonstrates how legislative clarity can underpin transparency and enforceability.

Dr. Ahmad Alozn offered an especially important practitioner’s insight. He emphasised that reform must not stop at drafting. For investors in complex sectors such as energy and infrastructure, what matters most is trust and certainty. That trust is created not only by laws but by the way ADR tools are embedded proactively into the life cycle of projects. In his words, ADR should not be a last resort but a pathway for growth and resilience.

I found this point particularly compelling. It resonated with the broader theme of the day: ADR in MENA must evolve from being reactive to being integral — part of how business is done, not only how disputes are resolved.

Panel 3: Judicial Engagement and ADR in MENA and Singapore

The final panel, which I had the privilege of co-moderating with Dr. Mark McLaughlin, featured Justice Andre Maniam (Singapore), H.E. Judge Dr. Mohammed Obaid Al Kaabi (UAE), and H.E. Judge Dr. Ahmad Abdullah Al Jaaffari (Saudi Arabia).

This session addressed what many consider the missing piece of the ADR puzzle: the role of the judiciary.

Singapore provided a model of how courts can function as champions of ADR rather than bystanders. Justice Maniam reflected on how the judiciary has consistently upheld ADR clauses and enforced mediated settlements, creating a culture of judicial encouragement that is now part of Singapore’s identity as a dispute resolution hub.

From the UAE and Saudi Arabia, the discussion highlighted the significant progress being made. Sharjah’s Judicial Department is actively embedding ADR into its institutional culture, while Saudi Arabia’s Vision 2030 reforms are placing mediation and conciliation at the heart of its commercial judiciary. As a moderator, I was struck by the openness with which our distinguished judges reflected on both achievements and the work still to be done.

What emerged was a clear recognition that without judicial support, no ADR framework can thrive. Courts are the guarantors of enforceability, and enforceability is the currency of user trust.

Bridges Built, Bridges Ahead

Looking back across all three panels, what stood out to me was the coherence of the narrative. Institutions, laws, and courts were not treated in isolation, but as interdependent pillars of an ADR ecosystem. Together, they create — or undermine — the bridges that connect MENA to the wider world of dispute resolution.

Several themes echoed throughout the day:

  • Integration over fragmentation: The MENA region must find ways to coordinate across jurisdictions to build predictability for users.
  • Mediation’s new credibility: With the Singapore Convention, mediation has become a serious, enforceable mechanism. The challenge is cultural uptake.
  • Evidence-based reform: The forthcoming MENA ADR Survey 2026 will finally give the region a data-driven foundation for reform.
  • Judicial partnership: Courts are essential allies in creating trust, consistency, and enforceability.
  • Economic imperative: ADR is not only about law; it is about investment confidence and sustainable growth.

A First for MENA at Singapore Convention Week

The symbolic importance of this forum should not be underestimated. This was the first dedicated MENA-focused session at Singapore Convention Week. It signalled that ADR in MENA is no longer a peripheral curiosity but a central part of the global conversation.

The signing of MoUs — especially between SIDRA and Omani & Partners — reinforced this message. These agreements are not ceremonial. They are the foundation for joint initiatives, including the MENA ADR Survey 2026, which will provide the empirical insights necessary for meaningful reform.

Closing Reflections

As I reflect on the event, I am struck by the sense of momentum. The conversations were candid, the commitments concrete. The bridges were not just designed; they are beginning to be built.

It was particularly encouraging to hear Senior Minister of State for Law Mr. Murali Pillai affirm Singapore’s role in fostering collaboration: “The dispute resolution pie is not a zero-sum game. By collaborating with one another, we can grow the pie and increase opportunities for all.” His words captured the spirit of the day — that cooperation across regions is not about competition but about unlocking shared growth.

The dialogue between East and Middle East will be continued. The positive feedback from both sides encourages us not only to build bridges but also to explore how to sustain and jointly pursue further horizons for collaboration and innovation.

For me personally, organising, moderating, speaking, and engaging with colleagues from across both regions was deeply rewarding. It confirmed my belief that ADR in MENA is at an inflection point. With institutional reform, legislative innovation, and judicial partnership, the region is poised not just to follow global standards but to help shape them.

The task now is to walk across the bridges we have begun to build.

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Paul Sills
October 10, 2025 AT 4:46 PM

Editorial Comment — ADR Without Borders: Building Bridges that Last Dr Emad Hussein’s account of “Building Bridges in ADR: MENA Meets Singapore” offers a reflection on how regional dialogue can translate into genuine global collaboration. His description of the event — the first MENA-focused session at Singapore Convention Week — signals more than symbolic inclusion. It represents a structural shift in how we conceive of the international dispute resolution map: from parallel developments to shared evolution. Three interlocking insights stand out. First, institutional interdependence. The call for MENA institutions to move from administrators to architects of trust captures a larger truth about ADR globally. Centres such as QICCA, DIAC, SCCA, CRCICA and arbitrateAD are now not only service providers but cultural intermediaries, shaping expectations, standards, and even ethics. Emad’s point about harmonisation — without homogenisation — raises a broader question: how can regional centres cooperate to build user confidence while retaining their distinct legal and cultural identities? Second, the rise of mediation as an economic tool. The panels reflected a mature understanding that ADR reform is not merely procedural but strategic — linked to investor confidence, project delivery, and resilience. As Bahrain, Abu Dhabi and others embed mediation within their legal and commercial frameworks, the conversation shifts from compliance to competitiveness. How might MENA and Singapore collaborate further to build a shared “mediation economy” — one that recognises the enforceability of outcomes but also the cultural and relational subtleties that make mediation work? Third, the judiciary’s evolving role. The closing session underlined a universal principle: courts are not external to ADR but foundational to its legitimacy. The examples from Singapore, the UAE, and Saudi Arabia demonstrate that judicial encouragement — not merely neutrality — is what allows mediation and arbitration to thrive. As more jurisdictions in MENA reform their procedural rules, how can judges be engaged as partners in prevention rather than referees after breakdown? Perhaps the most profound theme threading through the event was evidence-based reform. The forthcoming SIDRA MENA ADR Survey 2026 promises to fill a long-standing empirical gap, enabling the region to reform from data, not anecdote. That commitment to rigour — to measuring what works — may be the strongest bridge of all between MENA and Singapore. At the Kluwer Mediation Blog, we are especially struck by the spirit of openness and collaboration that animated this dialogue. It mirrors mediation itself: listening before judging, connecting before competing. As readers and practitioners, we might ask ourselves: What lessons can other regions draw from the MENA–Singapore partnership in combining data, dialogue, and reform? How can institutions, legislators, and courts in different regions jointly promote the “mainstreaming” of mediation in commercial life? And, most importantly, how do we ensure that these new bridges — institutional, legislative, judicial — are not just built, but crossed? The conversation, as Emad suggests, has only just begun.

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