The Singapore International Arbitration Centre
("SIAC") has released the sixth edition of its Arbitration
Rules ("SIAC Rules 2016"), which will be
effective on 1 August 2016.
The main amendments address issues of joinder of parties,
allowing "summary" awards; enhance the emergency
arbitration proceedings and the Expedited Procedure; and provide
more flexibility to parties with regard to the seat of arbitration.
A summary of the main changes are set forth below.
Consolidation in Multi-Contract Disputes
Rules 6 and 8 of the SIAC Rules 2016 will enable the claimant in
a multi-contract dispute to:
File a notice of arbitration in
respect of each arbitration agreement, as well as submit
an application for consolidation; or
File a single notice of arbitration
in respect of all arbitration agreements. This will serve
as a notice of arbitration in respect of each arbitration
agreement, as well as an application to consolidate all
Parties can also now submit an application to the tribunal or
the SIAC Court of Arbitration to consolidate multiple arbitrations
after they have commenced.
Joinder of Non-Parties
Rule 7 of the SIAC Rules 2016 will allow non-parties to apply to
be joined in an arbitration.
Rule 29 of the SIAC Rules 2016 will allow parties to apply for
"summary judgment" of the claim and/or defence in the
Seat of Arbitration
Under the current SIAC Rules, Singapore is the default seat of
arbitration. Rule 21 of the SIAC Rules 2016 will leave the
determination of the seat of arbitration to the tribunal, unless
parties agree otherwise. Singapore will remain the default seat of
arbitration in emergency arbitrations, unless parties agree
Rule 27 of the SIAC Rules 2016 will give tribunals the power to
order or award reimbursements of unpaid deposits towards the costs
of the arbitration.
Emergency Arbitration Proceedings
Rule 30 and Schedule 1 of the SIAC Rules 2016 will provide for
an emergency arbitrator to be appointed within one (1) day of
receipt of the application for emergency interim relief and the
necessary payments and deposits, instead of one (1) business day.
In addition, the order or award for interim relief must be issued
within a maximum of 14 days from the appointment of the emergency
The schedule of fees of the SIAC Rules 2016 now fixes the fees
for the emergency arbitrator at S$25,000, unless the Registrar
Rules 5 of the SIAC Rules 2016 has now expended the use of the
expedited procedure to matters where the amount in dispute does not
In addition, under the SIAC Rules 2016, the Tribunal may, in
consultation with the parties, decide whether to conduct an
arbitration under the expedited procedure solely on the basis of
Finally, the SIAC Rules 2016 clarifies that in the event of a
conflict between the terms of an arbitration agreement and the
rules relating to the expedited procedure, the latter will
Challenges to Arbitrators
Rule 15 of the SIAC Rules 2016 will provide that the Court of
Arbitration of SIAC will issue reasoned decisions for challenges to
arbitrators. The SIAC Rules 2016 schedule of fees has fixed the
administrative fee for challenges to arbitrators at S$8,000.
What Do These Changes Mean?
The latest edition of the SIAC Rules makes arbitration under the
SIAC more cost-effective and flexible.
Parties can now save on the costs of multiple arbitration
hearings through consolidation or application for early dismissal
of claims and defences, as well as avoid waiting for arbitration to
complete before obtaining an award on disputes or claims that lack
With the ability to choose the seat of arbitration, parties can
decide on a mutually agreed forum. This may simplify award
enforcement if the seat of arbitration and jurisdiction are the
Further, the emergency arbitration procedure has been enhanced
to allow parties to obtain an emergency award more
Overall, the SIAC Rules 2016 address many of the complaints that
parties have had with arbitrations, and make the process more
attractive for parties choosing to arbitrate their disputes under
the SIAC Rules.
If you have any questions about this Alert, please contact Tham Wei Chern, any of the attorneys in the Duane Morris & Selvam LLP Singapore office or the attorney in the firm with whom you are regularly in contact.
Disclaimer:This Alert has been
prepared and published for informational purposes only and is not
offered, nor should be construed, as legal advice. For more
information, please see the firm's
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