The Singapore International Arbitration Centre ("SIAC"), recognized as one of the world's pre-eminent institutions for the resolution of international disputes, has promulgated the seventh edition of its Arbitration Rules, which came into force on 1 January 2025 ("SIAC Rules 2025"). The SIAC Rules 2025 supersede the previous iteration, the SIAC Rules 2016, and are designed to further enhance; (a) the fairness and impartiality of arbitral proceedings; (b) procedural efficiency, commensurate with the complexity and quantum of the dispute; and (c) the enforceability of arbitral awards. This article undertakes a comprehensive analysis of the SIAC Rules 2025, examining its key features and the significant modifications introduced therein in comparison with the erstwhile SIAC Rules 2016.
- NOTABLE FEATURES OF THE SIAC RULES 2025
- Streamlined Procedure
The Streamlined Procedure, introduced for the first time under the SIAC Rules 2025, establishes an expedited framework for dispute resolution where the quantum in dispute is less than SGD 1 million. This procedure is governed by Rule 13, read with Schedule 2 of the SIAC Rules 2025. Under this mechanism, arbitral awards must be rendered within three months from the constitution of the arbitral tribunal, ensuring prompt resolution of lower-value claims. The parties may elect to submit their disputes to the Streamlined Procedure by mutual agreement at any time prior to the constitution of the arbitral tribunal. Once adopted, the arbitration is conducted before a sole arbitrator, ensuring procedural efficiency while maintaining the integrity of due process.
A defining feature of the Streamlined Procedure is its reliance on a document-based adjudication process, whereby disputes are adjudicated exclusively on the basis of written submissions and documentary evidence, without recourse to a factual or expert-witness testimony, unless otherwise determined by the Tribunal. Additionally, as a general rule, oral hearings shall not be conducted unless the Tribunal considers them necessary, or a party so requests. Designed to facilitate the expeditious resolution of low-value disputes involving minimal legal complexity, the Streamlined Procedure offers a cost-effective and efficient mechanism for arbitration, tailored to meet the needs of parties seeking timely and economical dispute resolution.
- Expedited Procedure
The Expedited Procedure, as introduced under the SIAC Rules 2025, is designed to facilitate the swift and efficient resolution of disputes where the quantum in dispute does not exceed SGD 10 million. This framework mandates the conclusion of arbitral proceedings within six months from the constitution of the arbitral tribunal, thereby ensuring prompt adjudication while preserving the principle of procedural fairness. Under the SIAC Rules 2016, Expedited Procedure could be invoked only in cases where the quantum of the dispute was less than SGD 6 million. However, under the SIAC Rules 2025, this threshold has been substantially increased to SGD 10 million, thereby expanding the scope of disputes eligible for expedited resolution.
The Expedited Procedure is governed by Rule 14, read with Schedule 3 of the SIAC Rules 2025, providing a structured and efficient mechanism for the resolution of eligible disputes within a strict six-month timeline. To initiate proceedings under the Expedited Procedure, a party must file an application before the Registrar of SIAC, requesting that the dispute be administered under this framework. This application is then subjected to approval of the Registrar of SIAC, contingent upon the fulfilment of the following criterion:
- The quantum of the dispute is below SGD 10 million;
- The amount in dispute does not exceed the equivalent amount of SGD 1 million, and the President of SIAC has determined that the Streamlined Procedure is not applicable; or
- The circumstances warrant the resolution of the dispute under the Expedited Procedure.
Similar to the Streamlined Procedure, arbitral proceedings under the Expedited Procedure are presided over by a sole arbitrator to ensure procedural efficiency in the resolution of disputes. However, in contrast to the Streamlined Procedure, parties opting for Expedited Procedure are not precluded from submitting factual or expert witness testimony, thereby enabling a more robust and comprehensive evidentiary process, while upholding the expedited nature of the proceedings. Thus, this framework offers an effective alternative for parties seeking time and cost-efficient arbitration while retaining essential procedural safeguards.
- Preliminary Determination
The SIAC Rules 2025 introduce a structured framework for Preliminary Determination under Rule 46, empowering arbitral tribunals to issue final and binding determinations on specific issues at an early stage of the proceedings. A party may apply for a Preliminary Determination if (a) the parties mutually agree; (b) it demonstrably enhances procedural efficiency by reducing time and costs, or; (c) case-specific circumstances justify such determination. The application seeking Preliminary Determination must set out the factual and legal grounds supporting such a request, and the arbitral tribunal retains full discretion to decide whether the matter warrants a preliminary ruling after hearing the parties. Where the tribunal accepts the application, it is required to render a reasoned decision, order, or award within 90 days from the date of filing.
By codifying tribunals' inherent power to resolve discrete legal or factual issues at a preliminary stage, Rule 46 significantly enhances procedural efficiency and reinforces effective case management. It enables the tribunal to bifurcate proceedings where appropriate and resolve key issues early in the process, potentially streamlining the scope of the dispute or even disposing of the same in its entirety. This provision strengthens party autonomy and equips arbitral tribunals with a clear procedural framework to streamline arbitration, ensuring both a time and cost-effective dispute resolution process.
- Protective Preliminary Orders in Emergency Arbitration
Emergency Arbitration continues to serve as a vital mechanism for parties seeking urgent interim relief prior to the constitution of the arbitral tribunal. A notable advancement under the SIAC Rules 2025 is the express recognition of a party's right to seek ex-parte protective preliminary orders from the Emergency Arbitrator, without prior notice to the opposing party. Upon receiving such an application, the Emergency Arbitrator is mandated to render a decision within 24 hours of their appointment, ensuring the prompt issuance of protective measures, such as asset-freezing orders or injunctive relief, to safeguard the subject matter of the dispute.
Any ex-parte protective preliminary order remains in force for a maximum period of 14 days, unless extended or modified upon further directions issued by the Emergency Arbitrator. This landmark inclusion enhances the efficacy of emergency relief in international arbitration, reinforcing both procedural efficiency and urgency, while ensuring the effective protection of parties' rights in time-sensitive disputes. By facilitating rapid, decisive intervention, this provision significantly bolsters the ability of parties to secure interim protection in advance of the full arbitral process.
- Coordinated Procedure:
The SIAC Rules 2025 introduce the Coordinated Procedure under Rule 17, offering a refined and efficient mechanism for managing multiple arbitrations involving common questions of law or fact, particularly when consolidation is not feasible. In cases where the same tribunal is constituted in two or more arbitrations, a party may apply for a Coordinated Procedure, whereunder the arbitral proceedings may be conducted concurrently, sequentially, or with aligned procedural steps.
Unlike consolidation, where arbitrations are merged into a single proceeding culminating into a a unified award, coordinated arbitrations remain procedurally distinct, with each proceedings retaining its own separate decisions, rulings, and awards. This innovative framework mitigates the risk of inconsistent outcomes, promotes procedural efficiency, and minimizes the duplication of costs, particularly in complex, multi-contract, and multi-party disputes. By facilitating a cohesive approach to related arbitrations, the Coordinated Procedure enhances both the practical management of such disputes and the overall cost-effectiveness of the arbitration process.
- Third party funding
The SIAC Rules 2025 establish a structured framework for third-party funding under Rule 38, mandating the disclosure of funding arrangements to ensure transparency, fairness, and the integrity of proceedings. Parties are required to disclose the existence of any third-party funding agreement, along with the identity and contact details of the funder, either in their Notice of Arbitration, Response, or immediately upon entering into such an arrangement.
Additionally, arbitral tribunals are conferred with the power to order further disclosures, assess the funder's interest in the proceedings, and take such funding agreements into consideration while determining the apportionment of costs. To prevent potential conflicts of interest, parties are prohibited from entering into new funding agreements that may undermine the impartiality of the tribunal members once they are appointed. Failure to comply with these disclosure requirements may invite sanctions, reinforcing accountability and upholding procedural integrity in arbitrations involving third-party funding. This provision ensures that the involvement of external financiers is fully transparent and does not unduly influence the arbitral process.
- COMPARATIVE CHART: SIAC RULES 2016 & SIAC RULES 2025
Feature/Aspect |
SIAC Rules 2016 |
SIAC Rules 2025 |
Scope and Applicability |
Applies to arbitration agreements explicitly adopting the Rules. [Rule 1.1] |
Applies to all arbitrations commenced on or after 1 January 2025, including treaty-based arbitrations, unless otherwise agreed by the parties. [Rule 1] |
Notice of Arbitration |
Copy of the arbitration agreement is mandatory. [Rule 3(c)] |
Copy of the arbitration agreement is not mandatory. Alternatively, parties are permitted to provide a description of the arbitration agreement. [Rule 6.3(d)] |
Document Retention |
No provision specifying document handling. |
Requires SIAC to maintain an archive of each arbitration for a minimum of six years unless a longer period is requested by the parties. [Rule 62] |
Parties Obligation to Confer on Procedural Matters |
No specific provision for conferment. |
Parties must attempt to agree on procedural matters before approaching the Tribunal or Registrar. [Rule 3.6] |
Filing Fee [Schedule of Fees] |
SGD 2,180 (Singapore parties); SGD 2,000 (Overseas parties) |
SGD 3,270 (Singapore parties); SGD 3,000 (Overseas parties) |
Emergency Arbitration Procedure |
Available either concurrently or after the filing of Notice of Arbitration but prior to the constitution of the Tribunal; limited to interim emergency relief; ex-parte orders not permitted. [Rule 30 + Schedule 1] |
Available prior to, concurrently or after the filing of Notice of Arbitration but prior to the constitution of the Tribunal; enhanced procedures allowing ex parte protective preliminary orders. [Schedule 1] |
Streamlined Procedure |
No specific provision for low-value disputes. |
Introduces a streamlined procedure for disputes not exceeding SGD 1 million; awards must be rendered within 3 months unless extended; designed for less complex matters. [Rule 13 + Schedule 2] |
Coordinated Proceedings |
No explicit mechanism for multiple arbitrations. |
Introduces a coordinated procedure for resolution of multiple arbitrations involving common issues of facts or law, either concurrently or sequentially. [Rule 17] |
Expedited Procedure Enhancements |
Available for disputes ≤ SGD 6 million. [Rule 5] |
Expands the expedited procedures to disputes ≤ SGD 10 million, with enhanced accessibility and efficiency. [Rule 14] |
Security for Costs/Claims |
Implied in tribunal's general powers, no specific provisions in this regard. |
Introduces express provisions for ordering security for costs and claims, modification or vacation of security orders, and consequences for non-compliances. [Rules 48 & 49] |
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CONCLUSION
The promulgation of SIAC Rules 2025, yet again reinforces Singapore's position as a pre-eminent hub for dispute resolution and marks a pivotal development in the landscape of international arbitration. The comprehensive reforms introduced in this iteration underscore SIAC's commitment to procedural efficiency, transparency, and judicial integrity. The introduction of mechanisms such as the Streamlined and Expedited Procedures, Coordinated Proceedings, and Preliminary Determination, alongside enhancements in emergency arbitration and third-party funding disclosures, collectively serve to modernize and fortify the arbitral framework.
These refinements are particularly responsive to the exigencies of complex, high-stake international disputes, balancing efficiency with fundamental principles of due process. By codifying innovative procedural tools and expanding tribunal discretion, the SIAC Rules 2025 align with global best practices while addressing the evolving needs of arbitration users. The emphasis on electronic case management, document retention, and structured cost controls further enhances the accessibility and sustainability of arbitration under SIAC's auspices.
Ultimately, the SIAC Rules 2025 represent a judicious recalibration of arbitral procedure, fostering expeditious and cost-effective dispute resolution while preserving party autonomy and procedural fairness. These enhancements not only consolidate SIAC's standing as a premier arbitral institution but also set a precedent for future institutional rulemaking in international arbitration. As parties and practitioners navigate this reformed arbitral landscape, the Rules stand as a testament to SIAC's commitment to uphold efficiency and the integrity of arbitral proceedings.
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