The Singapore International Arbitration Centre [‘SIAC'] published 7th edition of SIAC Rules [‘SIAC Rules 2025'] on 01 January 2025. The SIAC Rules have gone from strength to strength over a period of time, and the latest edition of rules is no different or they just appear so. The following updates have been introduced in SIAC Rules 2025.
New Definitions (Rule 2)
SIAC Rules 2025 introduce new definitions such as “additional party”, “amount in dispute”, “Claimant”, “Direct Economic Interest”, “Emergency Arbitrator”, “party or parties”, “Practice Notes”, “Respondent”, “Schedule of Fees”, “Schedule”, “SIAC Gateway”, “SIAC Secretariate”, “third party funder”, and “third party funding agreement”.
Digital Case Management System – SIAC Gateway (Rule 4)
SIAC Rules 2025 introduce SIAC Gateway, a digital case management system on which parties will upload filings, documents, and communications.
Emergency Arbitration (Rule 12 read with Schedule 1)
Before the filing of notice of arbitration (request for arbitration) and without giving notice to the counter party, the aggrieved party is permitted to apply for emergency arbitrator for obtaining a protective preliminary order, provided that the notice of arbitration is filed within seven (07) days of such an application. This provision is comparable to procedure followed by the Singapore courts.
Streamlined Procedure (Rule 13 read with Schedule 2)
For disputes with claim amounts up to SGD 1 million, parties can choose to apply the streamlined procedure. Under this procedure, proceedings are to be conducted only on the basis of written submissions (along with supporting documents), and parties are not allowed to make any document production request and are restricted from filing fact or expert evidence. That said, tribunal may depart from this default position in appropriate circumstances. Under the Streamlined Procedure, an award is to be issued within three months of the constitution of the tribunal.
As per the Streamlined Procedure, the tribunal and SIAC fees is capped at 50 per cent of the maximum limits specified in the Schedule of Fees.
Expedited Procedure (Rule 14 read with Schedule 3)
For disputes with claim amount between SGD 1 Million and SGD 10 Million, parties can choose to apply expedited procedure. Previously under SIAC Rules 2016 for applying expedited rules, the claim amount was capped at SGD 6 Million. Under the expedited rules, an award is to be issued within six months of the constitution of the tribunal.
Coordinated Proceedings (Rule 17)
An option for coordinating proceedings is introduced by SIAC Rules 2025. Where the identical tribunal is constituted in multiple arbitrations in which identical question of law or fact is being ventilated, parties may choose arbitrations to be:
- heard concurrently or sequentially;
- to be heard together and procedural aspect to be aligned; or
- any of the arbitrations to be suspended pending a determination in any of the other arbitrations.
That said, the coordinated arbitrations remain separate proceedings and separate awards will be issued for each arbitration.
Third Party Funding disclosure (Rule 38)
The 2025 SIAC Rules expands on Practice Note 01/17 and provides for a framework for Third Party funding agreements in arbitration. Under this provision, the details of the funding agreements are to be provided in the Notice of Arbitration or Response by the respective party. Moreso, a party cannot, post constitution of tribunal, enter into third party funding arrangement which may lead to a conflict of interest with an arbitrator. A continuing disclosure responsibility is also foisted on parties in the event any changes are made to the funding agreements. Any failure to comply with this continuing disclosure responsibility by the party, may lead to sanctions and adverse orders from the tribunal. In addition, under this provision, tribunal may take into account thirdparty funding agreement in apportioning costs between the Parties.
Witness Preparation (Rule 40.5)
SIAC Rules 2025 introduces a vital principle of witness preparation and the provision reads "A party and its representatives should seek to ensure that the evidence of fact witnesses reflects their own account of the relevant facts, and the evidence of experts reflects their genuinely held opinions." This reading also serves as a prohibition against witness coaching generally.
Non-Participation and Non-Compliance (Rule 44)
The tribunal is explicitly afforded permission to proceed with arbitration if there are non-participating parties and is allowed to impose sanctions for non-compliance with tribunal directions on defaulting.
Preliminary Determination (Rule 46)
This provision introduces explicit permission to a party to apply for final and binding preliminary determination of a specific issue in an arbitration. An application can be made where (a) party agrees, (b) applicant is able to demonstrate that preliminary determination will lead to saving of costs and time, and more expeditions resolution of the dispute or (c) the circumstances warrant the determination of an issue on preliminary basis. Preliminary determination by tribunal will be completed within 90 days of the application unless Registrar extends the time.
Security for Costs and Claims (Rule 48 and Rule 49)
Parties can now file separate applications for costs and claims security. Tribunals may issue consequential directions if parties fail to comply with orders and may modify or revoke orders based on material changes.
Deadline for Issuing the Arbitral Award (Rule 53.2)
Within 90 days of last oral or written submission, the tribunal is to submit its draft award to the SIAC for scrutiny.
Publishing Arbitral Awards (Rule 60)
The SIAC may publish arbitral awards after redacting party names and other identifying information and with permission of the parties.
Our Analysis
SIAC Rules 2025 aim towards providing efficacy and openness in dispute resolution and provisions relating to Streamlined Procedure, Coordinated Proceedings and Third-Party Funding disclosure demonstrate its commitment. A word of caution, over prescription or splitting of infinitive or straight jacket prescription ought to be avoided in favour of flexibility which is a bedrock of arbitration. That said, Parties whilst agreeing to these updated rules need to be mindful, as some of these procedures and modifications are set as default positions unless parties opt out. The Parties need to specifically identify the procedures which are excluded in the arbitration agreement at the time of drafting of contracts. Some of the latest updates brings SIAC Rules in line with the rules of other arbitration centres.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
