Arbitration analysis: In Maxx Engineering, the Singapore High Court ordered the specific performance of an obligation to refer a dispute to mediation which was contained in a tiered dispute resolution clause in the Sub-Contract between the parties. The respondent was thus ordered to submit the dispute to a concurrent mediation process even though the arbitration process was already underway (and no stay had been applied for or granted) and even though the dispute resolution clause expressly stated that a submission to mediation was not a condition precedent to parties’ exercise of their right to refer any dispute to arbitration. This marks the first time an order for specific performance of an obligation to mediate has been made, and gives cause for litigating parties and practitioners alike to reconsider how they go about drafting and navigating the interpretation and performance of a tiered dispute resolution clause when confronted with a dispute. It also signals clearly the stance of the Singapore Courts to promote amicable resolution of disputes, which is similarly reflected in the recently enacted Rules of Court 2021. Written by Ronald JJ Wong, director, and Stuart Peter, associate, at Covenant Chambers LLC.