The SIAC announced the official release of the sixth edition of
its arbitration rules. The release of the new rules marks the
SIAC's 25th anniversary and confirms a commitment to
providing the highest standard of efficient, professional case
management for international arbitration. Key innovations are the
new multi-party and multi-contract provisions, and the procedure
for early dismissal of claims and defences. These changes are a
welcome development in a world of increasingly complex
international commercial disputes. The SIAC Rules 2016 will come
into effect on 1 August 2016 and are available on the SIAC website.
Click on read more for a summary of all important
The SIAC Rules 2016 are aimed at further ensuring
the timely, efficient and cost-effective resolution of
Multiple contracts and consolidation: a streamlined process is
introduced for parties to resolve disputes arising out of or in
connection with multiple contracts or multiple arbitration
agreements. Two or more arbitrations pending under the SIAC rules
may be consolidated into a single arbitration, provided that
certain criteria are satisfied. These criteria include all parties
having consented to the consolidation, or all the claims in the
arbitrations being made under the same arbitration agreement.
Joinder of additional parties: the parties to the dispute as
well as non-parties are allowed to apply for an additional party to
be joined in the proceedings, and the application may be made
before or after the constitution of the arbitration tribunal.
Unless the additional party to be joined is bound by the
arbitration agreement, all parties involved have to consent to the
Early dismissal of claims and defences: a party may file for
the early dismissal of a claim or defence within 30 days of the
constitution of the tribunal, and the tribunal issues its order or
award within 60 days of the filing. The SIAC is the first among the
world's major commercial arbitration centres to adopt this
provision in its rules.
Delocalising the seat of the arbitration: instead of Singapore
being the default seat of arbitration, the seat will be determined
by the tribunal unless the parties have agreed otherwise.
Remedy against a non-paying party: the tribunal will have the
power to issue an order or award for the reimbursement of unpaid
deposits towards the costs of the arbitration.
Enhancing the emergency arbitrator proceedings: shorter times
for the appointment of an emergency arbitrator are introduced, and
an order or award of interim relief must be issued within 14 days
after appointment of the emergency arbitrator. The fees of an
emergency arbitrator are fixed at SGD 25,000.
Expanding and refining the expedited procedure: to allow for
more cases to make use of this mechanism, the monetary threshold
for applicability has been raised from SGD 5,000,000 to SGD
6,000,000. The Tribunal may determine that a case conducted under
the expedited procedure is to be decided on the basis of
documentary evidence only.
Arbitrator challenges: the Court of Arbitration of SIAC will
issue reasoned decisions on all challenges to arbitrators. The
administrative fees payable for arbitrator challenges are fixed at
Investment arbitration rules
The SIAC also announced the imminent launch of its Investment
Arbitration Rules in September 2016. More details on these rules
will follow as soon as the new rules have been revealed.
SIAC Users Council
The SIAC Users Council, of which De Brauw partners Bommel van
der Bend and Edward van Geuns are a member, played a key role in
the revision process. In December 2015, the SIAC Rules Revision
Executive Committee released a preliminary draft of the new
Arbitration Rules, and invited the SIAC Users Council to provide
feedback. De Brauw took this opportunity to be involved in the
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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