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Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Singapore International Arbitration Centre
Arbitration Rules
7 th Edition, 1 January 2025
Contents
Section I
Introductory Rules
6
Rule 1 Scope of Application 6
Rule 2
De nitions
7
Rule 3
Interpretation
11
Rule 4
Communications
12
Rule 5 Periods of Time
13
Section II
Commencement of Arbitration
14
Rule 6
Notice of Arbitration
14
Rule 7 Response to the Notice of Arbitration
15
Rule 8
Prima Facie Jurisdictional Objection
16
Rule 9 Amendments to the Notice or Response
17
Rule 10
Representation
17
Rule 11
Administrative Conference
18
Section III Procedural Applications
19
Rule 12
Emergency Arbitrator
19
Rule 13
Streamlined Procedure
19
Rule 14
Expedited Procedure
19
Rule 15
Multiple Contracts
20
Rule 16
Consolidation
21
Rule 17
Coordinated Proceedings
25
Rule 18
Joinder
253
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Contents
Section IV Constitution of the Tribunal
29
Rule 19
Rules on Appointment 29
Rule 20
Disclosure
30
Rule 21
Sole Arbitrator
31
Rule 22
Three Arbitrators
31
Rule 23
Multi-Party Appointment of Three Arbitrators
32
Rule 24
Tribunal Secretary
32
Rule 25
Communications with the Tribunal
33
Section V
Challenge, Removal and Replacement of
Arbitrators
35
Rule 26
Challenge of Arbitrators
35
Rule 27
Notice of Challenge
35
Rule 28
Decision on Challenge
36
Rule 29
Removal
37
Rule 30
Replacement
37
Section VI
The Proceedings
39
Rule 31
Jurisdiction of the Tribunal
39
Rule 32
Conduct of the Proceedings
39
Rule 33
Written Submissions
41
Rule 34
Issues for Determination
42
Rule 35
Applicable Law
42
Rule 36 Seat of the Arbitration
43
Rule 37
Language of the Arbitration
43
Rule 38
Third-Party Funding
43
Rule 39
Hearings
44
Rule 40
Witnesses
45
Rule 41
Tribunal-appointed Experts
46
Rule 42
Closure of the Proceedings
47
Rule 43
Suspension, Settlement, and Termination
47
Rule 44
Non-participation and Non-compliance
484
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Contents
Section VII
Powers of the Tribunal
49
Rule 45
Interim Relief
49
Rule 46
Preliminary Determination
49
Rule 47
Early Dismissal of Claims and Defences
50
Rule 48 Security for Costs
50
Rule 49 Security for Claims
51
Rule 50
Additional Powers of the Tribunal
51
Section VIII
The Award
53
Rule 51
Making of the Award 53
Rule 52
Form of the Award
54
Rule 53 Scrutiny of the Award
55
Rule 54
Correction, Interpretation, and Additional Awards
55
Rule 55
Remission
56
Section IX
Deposits and Costs
57
Rule 56
Deposits
57
Rule 57
Costs of the Arbitration
58
Rule 58 Legal and Other Costs
59
Section X
General Provisions
60
Rule 59
Con dentiality
60
Rule 60
Publication
61
Rule 61
Information Security
61
Rule 62
Document Retention
62
Rule 63 Decisions by SIAC
62
Rule 64
Waiver
63
Rule 65
Exclusion of Liability
63
Schedule 1
Emergency Arbitrator Procedure
64
Schedule 2
Streamlined Procedure
72
Schedule 3
Expedited Procedure
765
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Contents
Schedule of Fees
78
Payment Information
84
SIAC-SIMC Arb-Med-Arb Protocol
(“AMA Protocol”)
85
SIAC Model Clauses
886
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
SECTION I.
INTRODUCTORY RULES
1. Scope of Application
1.1 Where the parties have agreed by contract or otherwise to refer their
disputes to SIAC for arbitration or to arbitration in accordance with
the SIAC Rules, the parties shall be deemed to have agreed that the
arbitration shall be conducted pursuant to and administered by SIAC
in accordance with these Rules.
1.2 These Rules shall apply to domestic and international arbitrations
commenced under a contract, treaty, or other instrument.
1.3 These Rules shall include the Schedules attached thereto which shall
form part of the Rules and shall be read together as appropriate.
1.4 The Registrar may from time to time issue Practice Notes as guidance
to supplement and implement these Rules.
1.5 These Rules shall come into force on 1 January 2025 and, unless
otherwise agreed by the parties, shall apply to any arbitration which
is commenced on or after that date.
1.6 These Rules shall govern the conduct and administration of the
arbitration, except that, where any such rule is in con ict with any
provision of law applicable to the arbitration from which the parties
cannot derogate, that provision shall prevail.
Arbitration Rules of the
Singapore International Arbitration Centre
SIAC Rules
7 th Edition, 1 January 20257
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
2. De nitions
2.1 Terms used in these Rules shall be de ned as follows:
additional party
A party who is the subject of an
application for joinder in accordance with
Rule 18
amount in dispute
The aggregate of any claim, counterclaim,
cross-claim or set-off led in the
arbitration which quantum is determined
by the Registrar for the purpose of SIAC’s
administration of the arbitration
award
Includes an interim, interlocutory,
consent, partial, nal or additional award
and an award of an Emergency Arbitrator
Challenge Filing Fee
The applicable fee to le a Notice of
Challenge in accordance with Rule 27.1
and the Schedule of Fees
Claim Filing Fee
The applicable fee to le a Notice of
Arbitration in accordance with Rule 6.3(i)
and the Schedule of Fees
Claimant
A party initiating recourse to arbitration
under these Rules and which may include
one or more claimants
Code of Ethics
SIAC’s Code of Ethics for Arbitrators in
force at the date of commencement of
the arbitration
Committee of the
SIAC Court
A Committee consisting of not fewer than
two members of the SIAC Court8
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Direct Economic
Interest
Means an interest in the arbitration
proceedings resulting from the provision
by a third-party funder to (i) a party in the
arbitration proceedings, (ii) an af liate of
that party or (iii) a law rm representing
that party, of funding for, or indemnity
against the award to be rendered in
the arbitration proceedings, either
individually or as part of a speci c range
of cases where such provision of support
or nancing is provided in exchange for
either remuneration or reimbursement
that is wholly or partially dependent
on the outcome of the arbitration
proceedings
EA Filing Fee
The applicable fee to le an application
for the appointment of an Emergency
Arbitrator in accordance with Rule 12.1,
Schedule 1, and the Schedule of Fees
Emergency
Arbitrator or EA
An Emergency Arbitrator appointed in
accordance with Rule 12.1 and paragraph
7 or paragraph 26 of Schedule 1
Filing Fees
Include the Challenge Filing Fee, Claim
Filing Fee, EA Filing Fee, Joinder Filing
Fee, and any other applicable ling fee in
accordance with the Schedule of Fees
Joinder Filing Fee
The applicable fee to le an application
for joinder in accordance with Rule 18 and
the Schedule of Fees
Notice
A Notice of Arbitration, including all
accompanying documents, led in
accordance with Rule 6
party or parties
Include the Claimant, Respondent, and
any Additional Party9
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Practice Notes
The Practice Notes published by the
Registrar as guidance to supplement and
implement these Rules, in force at the
date of commencement of the arbitration
President
The President of the SIAC Court
Registrar
The Registrar of the SIAC Court and
includes any Deputy Registrar
Respondent
A party against whom a Claimant seeks
recourse to arbitration under these Rules
and includes one or more respondents
Response
A Response to the Notice, including
all accompanying documents, led in
accordance with Rule 7
Rules
Arbitration Rules of the Singapore
International Arbitration Centre (7th
Edition, 1 January 2025)
Schedule of Fees
The SIAC Schedule of Fees in force at the
date of commencement of the arbitration
Schedules
Schedules 1, 2, and 3 of these Rules
and any additional schedules as may be
published by SIAC from time to time
seat of the
arbitration
The seat, meaning the legal place, of the
arbitration
SIAC
The Singapore International Arbitration
Centre
SIAC Board
The Board of Directors of SIAC
SIAC Court
The Court of Arbitration of SIAC
SIAC Gateway
The case management system hosted by
SIAC and accessible at the website of SIAC
SIAC Secretariat
The case management and administration
team of SIAC10
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
SIAC-SIMC AMA
Protocol
The SIAC-SIMC Arbitration-Mediation
Arbitration Protocol
SIMC
The Singapore International Mediation
Centre
Tribunal
Refers to a panel of one or more arbitrators
appointed in the arbitration
third-party funder
Refers to any person, either legal or
natural, who is not a party to the
arbitration proceedings but who has a
Direct Economic Interest in the outcome
of the arbitration proceedings
third-party funding
agreement
Means an agreement between a third
party funder and a party, an af liate of
that party, or a law rm representing that
party
Vice President
One or more Vice Presidents of the SIAC
Court
written
communications
Include notices, and any noti cation,
communication or proposal, data
messages, electronic communications,
applications, pleadings, witness
statements, expert reports, decisions,
rulings, orders, awards, and other
correspondence and documents that are
produced, submitted, or exchanged in the
arbitration11
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3. Interpretation
3.1 Rule headings are for reference only and are not to be used for the
purpose of interpretation.
3.2 Any singular noun shall be understood to refer to the plural in
appropriate circumstances and vice versa.
3.3 Save as may relate to powers exercisable by the Tribunal, the Registrar
shall have the power to interpret any provision under these Rules.
3.4 Prior to the constitution of the Tribunal or the appointment of an
Emergency Arbitrator, the Registrar shall determine the acceptance
and ordering of any procedural applications.
3.5 In all matters not expressly provided for in these Rules, the SIAC
Court, the President, the Vice President, the Registrar, the SIAC
Secretariat, and any Emergency Arbitrator and Tribunal shall act in
the spirit of these Rules and shall endeavour to ensure:
(a) the fairness of the proceedings;
(b) the expeditious and cost-effective conduct of the arbitration
proportionate to the complexity of the claim and the amount
in dispute; and
(c) the enforceability of any award.
3.6 The parties shall attempt to agree on any procedural matters not
expressly provided for in these Rules, taking into account the
principles set out at Rule 3.5(a) - Rule 3.5(c), before seeking a decision
from the SIAC Secretariat or the Tribunal on such matters.
3.7 In the event of any discrepancy or inconsistency between the English
version of these Rules and any other languages in which these Rules
are published, the English version shall prevail.12
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SIAC Rules (7th Edition, 1 January 2025)
4. Communications
4.1 Unless otherwise required under these Rules, the parties shall deliver
all written communications to all parties, the Tribunal, and the SIAC
Secretariat in accordance with Rule 4.3 or Rule 4.4. Such written
communications may be delivered by any means of communication
that provides or allows for a record of transmission, including by
hand, registered mail or courier service, email, or any other means
which provides a record of the attempt to deliver it.
4.2 Upon noti cation of the commencement of the arbitration and at
any stage of the arbitration thereafter, after considering the views of
the parties and the Tribunal, the Registrar may direct the parties to
upload all written communications to SIAC Gateway.
4.3 Any written communication shall be delivered using the contact
details designated for the purpose of the arbitration by the parties
or their representatives, the Tribunal, or the SIAC Secretariat, or by
upload to SIAC Gateway upon the direction of the Registrar under
Rule 4.2.
4.4 In the absence of such designation or direction under Rule 4.3, any
written communications shall be deemed to be received if they are
delivered:
(a) to the addressee personally or to its authorised representative;
(b) to the addressee’s place of business, habitual residence, or
mailing address; or
(c) according to the practice of the parties in prior dealings.
If, after making a reasonable inquiry, delivery cannot be effected
under (a) – (c) above, written communications shall be deemed to be
received if they are delivered to the addressee’s last-known place of
business, habitual residence, or mailing address.
4.5 Any application under these Rules shall be delivered to all other
parties, the Tribunal, and the SIAC Secretariat with con rmation of
the date and mode of delivery.13
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
4.6 Any written communication to the parties shall be deemed to have
been received by the parties on the day that it was delivered in
accordance with Rule 4.3 or Rule 4.4.
5. Periods of Time
5.1 For the purpose of calculating any period of time under these Rules,
such period shall commence from the day following the receipt of
a written communication or the deemed receipt of such written
communication. Unless the Registrar or the Tribunal determines
otherwise, any period of time under these Rules is to be calculated
with reference to Singapore Standard Time (GMT +8).
5.2 Any statutory holidays or non-business days at the place of receipt
shall be included in the calculation of any period of time under these
Rules. If the last day of any period of time under these Rules is a
statutory holiday or non-business day at the place of receipt, the
period of time shall be extended until the rst business day at the
place of receipt which follows.
5.3 Except as otherwise provided in these Rules, the Registrar may at any
time extend or abridge any period of time under these Rules.14
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
SECTION II. COMMENCEMENT OF ARBITRATION
6. Notice of Arbitration
6.1 The Claimant shall deliver a Notice of Arbitration to the Registrar and
the Respondent. Subject to compliance with Rule 4 of these Rules,
the Claimant may le the Notice online with the SIAC Secretariat
through SIAC Gateway.
6.2 The date on which the Notice is received by the Registrar shall be
deemed to be the date of commencement of the arbitration. The
SIAC Secretariat shall notify the parties of the commencement of the
arbitration.
6.3 The Notice shall include the following:
(a) a demand that the dispute be referred to arbitration;
(b) the identity and contact details of the parties to the arbitration
and their representatives, if any;
(c) the date and mode of delivery of the Notice to the Respondent;
(d) a copy or description of the arbitration agreement invoked;
(e) a copy or description of the contract, treaty or other instrument
out of or in connection with which the dispute arises;
(f) a statement describing the nature and circumstances of the
dispute, including the relief sought and an initial estimate of
the claim amount;
(g) any comment as to the applicable rules of law, seat of the
arbitration, language of the arbitration, number of arbitrators,
and procedure for the constitution of the Tribunal;
(h) a statement on the existence of any third-party funding
agreement and the identity and contact details of the third
party funder; and
(i) payment of the Claim Filing Fee.15
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
6.4 The Notice may include:
(a) any comment on the adoption of amicable dispute resolution
methods such as mediation under the SIAC-SIMC AMA
Protocol for the settlement of all or part of the dispute; and
(b) the Statement of Claim in accordance with Rule 33.2.
6.5 The Registrar shall determine whether the Notice complies or
substantially complies with the requirements under Rule 6.3.
6.6 If the Registrar determines that the Notice does not comply or
substantially comply with any of the requirements under Rule 6.3,
or the Claim Filing Fee is not paid upon the ling of the Notice, the
Registrar may set a period of time for the Claimant to remedy the
de ciency in the Notice or to make payment of the Claim Filing
Fee. If the Claimant fails to do so within the period of time set by
the Registrar, the Registrar may terminate the arbitration without
prejudice to the Claimant ling a Notice in another proceeding.
7. Response to the Notice of Arbitration
7.1 The Respondent shall deliver a Response to the Notice to the Registrar
and the Claimant within 14 days from the date of commencement of
the arbitration or the date of the Respondent’s receipt of the Notice,
whichever is later. The Response shall include the following:
(a) the identity and contact details of the Respondent and its
representatives;
(b) the date and mode of delivery of the Response to the
Claimant;
(c) a brief statement describing the nature and circumstances of
the dispute and a con rmation or denial of all or part of the
claims;
(d) any objection to jurisdiction under Rule 8.1 and/or Rule 31.2;
(e) a statement describing the nature and circumstances of any
counterclaim, cross-claim, or set-off, including the relief
claimed and an initial estimate of the claim amount;16
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
(f) any comment as to the applicable rules of law, seat of the
arbitration, language of the arbitration, number of arbitrators,
and procedure for the constitution of the Tribunal; and
(g) a statement on the existence of any third-party funding
agreement and the identity and contact details of the third
party funder.
7.2 If the Claimant has led a Statement of Claim with the Notice
pursuant to Rule 6.4, the Respondent may, but is not required to,
include a Statement of Defence and Statement of Counterclaim in
accordance with Rule 33.3.
7.3 The Response may include any comment on the adoption of amicable
dispute resolution methods such as mediation under the SIAC-SIMC
AMA Protocol for the settlement of all or part of the dispute.
7.4 The failure of the Respondent to submit its Response will not prevent
the SIAC Court, the President, the Vice President, the Registrar, or
the SIAC Secretariat from making any decision under these Rules and
proceeding with the administration of the arbitration.
8. Prima Facie Jurisdictional Objection
8.1 If the Respondent fails to submit a Response, or any party objects to
the existence, validity, or applicability of the arbitration agreement,
the arbitration shall proceed and any question of jurisdiction shall be
determined by the Tribunal unless the Registrar determines, prior to
the constitution of the Tribunal, that the matter shall be referred to
the SIAC Court for a prima facie determination under Rule 8.2.
8.2 Where the Registrar refers a matter to the SIAC Court under Rule
8.1, the SIAC Court shall determine, on a prima facie basis, whether
and to what extent the arbitration shall proceed. Any decision by
the Registrar or the SIAC Court that the arbitration shall proceed is
without prejudice to the power of the Tribunal to rule on its own
jurisdiction.
8.3 In the event that the SIAC Court determines that the arbitration shall
not proceed, in whole or in part, the Registrar shall terminate the
arbitration in accordance with the decision of the SIAC Court.17
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
9. Amendments to the Notice or Response
9.1 Prior to the constitution of the Tribunal, a party may amend,
modify, or supplement the Notice, the Response, or any procedural
application under these Rules with the leave of the Registrar.
10. Representation
10.1 A party may be self-represented or represented or assisted by any
person of its choice, including legal counsel, advocates, agents, or
any other authorised representatives, subject to any applicable law.
10.2 Prior to the constitution of the Tribunal, the Registrar may direct any
party representative to provide proof of authority in a form to be
determined by the Registrar. Any question as to the validity of this
proof of authority shall ultimately be determined by the Tribunal.
10.3 Prior to the constitution of the Tribunal, any change or addition by a
party to its representatives must be communicated to the Registrar
and the other parties.
10.4 After the constitution of the Tribunal, the Tribunal may direct any
party representative to provide proof of authority in a form to be
determined by the Tribunal.
10.5 After the constitution of the Tribunal, any change by a party to its
representatives must be rst proposed to the Tribunal. The Tribunal
may, after considering the views of the parties, allow the proposed
change of representatives. The Tribunal may withhold approval of
any proposed change to a party’s representatives where such change
could compromise the composition of the Tribunal or the integrity of
the proceedings. In considering such a proposal, the Tribunal shall
take into account, inter alia, the general principle that a party may
be represented by a representative of its choice, the stage which
the arbitration has reached, and the ef ciency likely to result from
maintaining the composition of the Tribunal.18
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
11. Administrative Conference
11.1 Prior to the constitution of the Tribunal, the Registrar may, at his or
her discretion, conduct administrative conferences with the parties to
discuss any procedural or administrative directions to be made by the
Registrar under these Rules. The administrative conference may be
conducted by videoconference, teleconference, or any other form of
electronic communication.19
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
SECTION III. PROCEDURAL APPLICATIONS
12. Emergency Arbitrator
12.1 Prior to the constitution of the Tribunal, a party may apply for the
appointment of an Emergency Arbitrator in accordance with the
procedure set out in Schedule 1.
13. Streamlined Procedure
13.1 The arbitration shall be conducted in accordance with the Streamlined
Procedure set out in Schedule 2 where:
(a) the parties have agreed to the application of the Streamlined
Procedure prior to the constitution of the Tribunal; or
(b) the amount in dispute in the arbitration does not exceed the
equivalent amount of S$1,000,000 prior to the constitution of
the Tribunal, unless the President determines upon application
of a party that the Streamlined Procedure shall not apply to
the arbitration.
13.2 The SIAC Secretariat shall inform the parties where the arbitration
is to be conducted in accordance with the Streamlined Procedure
pursuant to Rule 13.1.
13.3 The parties may agree to exclude the application of this Rule 13, by
agreement in writing.
14. Expedited Procedure
14.1 The arbitration shall be conducted in accordance with the Expedited
Procedure set out in Schedule 3 where the parties have agreed to
the application of the Expedited Procedure prior to the constitution
of the Tribunal. Unless the parties have agreed to a previous edition
of the SIAC Rules, any agreement by the parties to the application
of the Expedited Procedure under a previous rule reference shall be
deemed to be an agreement for the application of the Expedited
Procedure for the purpose of this rule.20
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SIAC Rules (7th Edition, 1 January 2025)
14.2 At the time of ling the Notice or the Response, or at any time prior
to the constitution of the Tribunal, a party may le an application
with the Registrar for the arbitration to be conducted in accordance
with the Expedited Procedure where:
(a) at the time of the application, the amount in dispute does not
exceed the equivalent amount of S$10,000,000 but exceeds
the equivalent amount of S$1,000,000;
(b) at the time of the application, the amount in dispute does
not exceed the equivalent amount of S$1,000,000 and
the President has determined under Rule 13.1(b) that the
Streamlined Procedure shall not apply to the arbitration; or
(c) the circumstances of the case warrant the application of the
Expedited Procedure.
14.3 The President shall, after considering the views of the parties,
determine whether to grant an application under Rule 14.2. Where
the President grants the application, the Expedited Procedure set out
in Schedule 3 shall apply.
14.4 The parties may agree to exclude the application of this Rule 14, by
agreement in writing.
15. Multiple Contracts
15.1 Where disputes arise out of or in connection with more than one
arbitration agreement, the Claimant shall:
(a) le a separate Notice in respect of each arbitration agreement
invoked;
(b) le a separate Notice in respect of each arbitration agreement
invoked and concurrently submit an application to consolidate
the arbitrations in accordance with Rule 16.1; or21
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
(c) le a single Notice in respect of all the arbitration agreements
invoked and the Notice shall be deemed to be an application
to consolidate all such arbitrations in accordance with Rule
16.1. In addition to the requirements under Rule 6.3, the
Notice shall include a statement identifying the relevant
contracts and the claims arising out of or in connection with
each arbitration agreement invoked.
15.2 Subject to compliance with Rule 6.3, the Claimant shall be deemed
to have commenced multiple arbitrations, one in respect of each
arbitration agreement invoked, and the Registrar shall assign a
separate case reference for each arbitration agreement invoked.
15.3 Where the Claimant has led the Notices pursuant to Rule 15.1(b),
the Registrar shall accept payment of a single Claim Filing Fee for all
the arbitrations sought to be consolidated. If the SIAC Court rejects
the application for consolidation under Rule 16.4, in whole or in part,
the Claimant shall be required to make payment of the Claim Filing
Fee in respect of each case reference that was not consolidated.
15.4 Where the Claimant has led a single Notice pursuant to Rule 15.1(c),
the Registrar shall accept payment of a single Claim Filing Fee for all
the arbitrations sought to be consolidated. If the SIAC Court rejects
the application for consolidation under Rule 16.4, in whole or in part,
the Claimant shall le a Notice in accordance with Rule 6 and make
payment of the Claim Filing Fee in respect of each case reference that
was not consolidated.
16. Consolidation
16.1 Prior to the constitution of any Tribunal in the arbitrations sought to
be consolidated, a party may le an application with the Registrar
to consolidate two or more arbitrations led under Rule 15.1, or
otherwise pending under these Rules, into a single arbitration where:
(a) all parties have agreed to the consolidation;
(b) all the claims, counterclaims, and cross-claims in the
arbitrations are made under the same arbitration agreement;
or22
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
(c) the arbitration agreements are compatible, and: (i) the disputes
arise out of or in connection with the same legal relationship(s);
(ii) the disputes arise out of or in connection with contracts
consisting of a principal contract and its ancillary contract(s);
or (iii) the disputes arise out of or in connection with the same
transaction or series of transactions.
16.2 An application for consolidation under Rule 16.1 shall include:
(a) the date and mode of delivery of the application on all parties
and any appointed arbitrators;
(b) the case reference numbers of the arbitrations sought to be
consolidated, where available;
(c) the identity and contact details of the parties and their
representatives, and any arbitrators who have been nominated
or appointed in the arbitrations sought to be consolidated;
(d) the information speci ed in Rule 6.3(d) and Rule 6.3(e);
(e) a statement on the existence of any third-party funding
agreement in respect of the arbitrations sought to be
consolidated and the identity and contact details of the third
party funder; and
(f) a statement of the facts and legal basis supporting the
application.
16.3 The Registrar may order a stay of any of the arbitrations sought
to be consolidated pending the decision of the SIAC Court on the
application for consolidation.
16.4 The SIAC Court shall, after considering the views of the parties,
decide whether to grant, in whole or in part, an application for
consolidation under Rule 16.1. Where an application for consolidation
is made under Rule 16.1(a) by agreement of all parties, the President
shall decide the application and the decision of the President shall be
deemed to be a decision of the SIAC Court.23
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16.5 The SIAC Court’s decision to grant an application for consolidation
under Rule 16.4 is without prejudice to the Tribunal’s power to
subsequently decide any question as to its jurisdiction arising from
such decision. The SIAC Court’s decision to reject an application for
consolidation under Rule 16.4 is without prejudice to any party’s
right to apply to the Tribunal for consolidation pursuant to Rule 16.8.
Any arbitrations that are not consolidated shall continue as separate
arbitrations.
16.6 Where the SIAC Court decides to consolidate two or more arbitrations
under Rule 16.4, the arbitrations shall be consolidated into the
arbitration that is deemed by the Registrar to have commenced
rst, unless otherwise agreed by all parties or the SIAC Court
decides otherwise. For the purpose of the administration of the
consolidated arbitration, the SIAC Court will designate the parties in
the consolidated arbitration as claimant(s) and respondent(s).
16.7 Where an application for consolidation is granted under Rule 16.4,
the President may, after considering the views of the parties, revoke
the appointment of any arbitrators who were appointed prior to
the SIAC Court’s decision on consolidation. Unless the Registrar
determines otherwise, the appointment provisions under these Rules
shall apply as appropriate, and any timelines thereunder shall run
from the date of receipt of the SIAC Court’s decision under Rule
16.4.
16.8 After the constitution of a Tribunal in any of the arbitrations sought
to be consolidated, a party may apply to the Tribunal to consolidate
two or more arbitrations pending under these Rules into a single
arbitration where:
(a) all parties have agreed to the consolidation;
(b) all the claims, counterclaims, and cross-claims in the
arbitrations are made under the same arbitration agreement,
and the same Tribunal has been constituted in each of the
arbitrations or no Tribunal has been constituted in the other
arbitration(s); or24
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(c) the arbitration agreements are compatible, the same Tribunal
has been constituted in each of the arbitrations or no Tribunal
has been constituted in the other arbitration(s), and: (i) the
disputes arise out of or in connection with the same legal
relationship(s); (ii) the disputes arise out of or in connection
with contracts consisting of a principal contract and its ancillary
contract(s); or (iii) the disputes arise out of or in connection
with the same transaction or series of transactions.
16.9 Subject to any speci c directions of the Tribunal, the provisions
of Rule 16.2 shall apply, mutatis mutandis, to an application for
consolidation under Rule 16.8.
16.10 The Tribunal shall, after giving all parties the opportunity to be
heard, decide whether to grant, in whole or in part, an application
for consolidation under Rule 16.8. The Tribunal’s decision to grant
an application for consolidation under this Rule 16.10 is without
prejudice to the Tribunal’s power to subsequently decide any question
as to its jurisdiction arising from such decision. Any arbitrations that
are not consolidated shall continue as separate arbitrations.
16.11 Where an application for consolidation is granted under Rule 16.10,
the President may, after considering the views of the parties, revoke
the appointment of any arbitrators who were appointed prior to the
Tribunal’s decision on consolidation.
16.12 The President’s decision to revoke the appointment of any arbitrator
under Rule 16.7 or Rule 16.11 is without prejudice to the validity of
any act done or any decision, ruling, order, or award made by the
arbitrator before his or her appointment was revoked.
16.13 Where an application for consolidation is granted under Rule 16.4
or Rule 16.10, any party which did not have the opportunity to
nominate an arbitrator or otherwise participate in the constitution
of the Tribunal shall be deemed to have waived any such right,
without prejudice to the right of such party to challenge an arbitrator
pursuant to Rule 26.25
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17. Coordinated Proceedings
17.1 Where the same Tribunal is constituted in two or more arbitrations,
and a common question of law or fact arises out of or in connection
with all the arbitrations, a party to the arbitrations may apply to the
Tribunal for the arbitrations to be coordinated such that:
(a) the arbitrations shall be conducted concurrently or
sequentially;
(b) the arbitrations shall be heard together and any procedural
aspects shall be aligned; or
(c) any of the arbitrations shall be suspended pending a
determination in any of the other arbitrations.
17.2 The Tribunal shall determine the application under Rule 17.1 after
giving all parties to the arbitrations an opportunity to be heard and
having regard to the obligations of con dentiality under Rule 59.
17.3 Unless otherwise agreed by the parties, any coordinated arbitrations
shall remain separate proceedings, and the Tribunal shall issue
separate decisions, rulings, orders, and awards in each arbitration.
18. Joinder
18.1 At the time of ling the Notice or the Response, or at any time
prior to the constitution of the Tribunal, a party or non-party to the
arbitration may le an application with the Registrar for the joinder
of one or more additional parties to an arbitration pending under
these Rules as a claimant or a respondent (each, an “additional
party”) where:
(a) all parties, including the additional party, have agreed to the
joinder of the additional party; or
(b) the additional party is prima facie bound by the arbitration
agreement.26
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18.2 An application for joinder under Rule 18.1 shall include:
(a) the date and mode of delivery of the application to all parties,
including the additional party;
(b) the case reference number of the pending arbitration;
(c) the identity and contact details of all parties, including the
additional party, and their representatives;
(d) submissions on whether the additional party shall be
designated as a claimant or a respondent;
(e) the information speci ed in Rule 6.3(d) and Rule 6.3(e);
(f) a statement on the existence of a third-party funding
agreement in respect of any party including the additional
party, and the identity and contact details of the third-party
funder;
(g) a statement of the facts and legal basis supporting the
application; and
(h) payment of the Joinder Filing Fee.
18.3 The Registrar shall determine whether the application for joinder
complies or substantially complies with the requirements under
Rule 18.2. The SIAC Secretariat shall notify all parties, including the
additional party, when the application for joinder is complete.
18.4 If the Registrar determines that the application for joinder does not
comply or substantially comply with any of the requirements under
Rule 18.2, or if the Joinder Filing Fee is not paid upon the ling of the
application, the Registrar may set a period of time for the de ciency
in the application to be remedied. If the applicant fails to do so within
the period of time set by the Registrar, the Registrar may deem the
application to be withdrawn on a without prejudice basis.27
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18.5 The SIAC Court shall, after considering the views of all parties,
including the additional party, decide whether to grant, in whole
or in part, an application for joinder under Rule 18.1. Where an
application for joinder is made under Rule 18.1(a) by agreement of all
parties (including the additional party), the President shall decide the
application and the decision of the President shall be deemed to be a
decision of the SIAC Court.
18.6 The SIAC Court’s decision to grant an application for joinder under
Rule 18.5 is without prejudice to the Tribunal’s power to subsequently
decide any question as to its jurisdiction arising from such decision.
The SIAC Court’s decision to reject an application for joinder under
Rule 18.5 is without prejudice to any party’s or non-party’s right to
apply to the Tribunal for joinder in accordance with Rule 18.10.
18.7 Where an application for joinder is granted under Rule 18.5, the date
of receipt by the Registrar of the complete joinder application shall
be deemed to be the date of commencement of the arbitration in
respect of the additional party.
18.8 Where an application for joinder is granted under Rule 18.5, the
President may revoke the appointment of any arbitrators who were
appointed prior to the SIAC Court’s decision on joinder. Unless the
Registrar determines otherwise, the appointment provisions under
these Rules shall apply as appropriate, and any timelines thereunder
shall run from the date of receipt of the SIAC Court’s decision under
Rule 18.5.
18.9 The President’s decision to revoke the appointment of any arbitrator
under Rule 18.8 is without prejudice to the validity of any act done
or any decision, ruling, order, or award made by the arbitrator before
his or her appointment was revoked.
18.10 After the constitution of the Tribunal, a party or non-party to the
arbitration may apply to the Tribunal for the joinder of one or more
additional parties to an arbitration pending under these Rules as a
claimant or a respondent (each, an “additional party”) where:
(a) all parties, including the additional party, have agreed to the
joinder of the additional party; or
(b) the additional party is prima facie bound by the arbitration
agreement.28
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18.11 Subject to any speci c directions of the Tribunal, the provisions of
Rule 18.2 shall apply, mutatis mutandis, to an application for joinder
under Rule 18.10. Where appropriate, an application to the Tribunal
under Rule 18.10 may be led with the Registrar who shall deliver the
application to the Tribunal.
18.12 The Tribunal shall, after giving all parties, including the additional
party, the opportunity to be heard, decide whether to grant, in
whole or in part, an application for joinder under Rule 18.10.
18.13 The Tribunal’s decision to grant an application for joinder under Rule
18.12 is without prejudice to the Tribunal’s power to subsequently
decide any question as to its jurisdiction arising from such decision.
18.14 Where an application for joinder is granted under Rule 18.12, the
date of receipt by the Registrar or the Tribunal, as the case may be, of
the complete joinder application shall be deemed to be the date of
commencement of the arbitration in respect of the additional party.
18.15 Where an application for joinder is granted, in whole or in part,
under Rule 18.5 or Rule 18.12, any party which did not have the
opportunity to nominate an arbitrator or otherwise participate in the
constitution of the Tribunal shall be deemed to have waived any such
right, without prejudice to the right of such party to challenge an
arbitrator pursuant to Rule 26.
18.16 Where an application for joinder is granted under Rule 18.5 or
Rule 18.12, the parties and additional party may make claims,
counterclaims, cross-claims, or set-offs against any other party in
accordance with the provisions set out in Rule 6 and Rule 7.29
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SECTION IV. CONSTITUTION OF THE TRIBUNAL
19. Rules on Appointment
19.1 Unless otherwise agreed by the parties, the Tribunal shall comprise
one or three arbitrators. In the event that the parties have not agreed
on the number of arbitrators, a sole arbitrator shall be appointed
unless the Registrar determines, after considering the views of
the parties, that the dispute warrants the appointment of three
arbitrators.
19.2 If the parties have agreed that an arbitrator is to be appointed by
any or all of the parties, the arbitrators already appointed, or any
third person, body or organisation, that agreement shall be deemed
an agreement to nominate an arbitrator under these Rules and shall
be subject to appointment by the President in accordance with Rule
19.4.
19.3 The President may appoint any arbitrator whose appointment has
been suggested or proposed by any or all of the parties, the arbitrators
already appointed, or any third person, body or organisation.
19.4 In all cases, any arbitrator nominated by any or all of the parties,
the arbitrators already appointed, or any third person, body or
organisation, shall be subject to appointment by the President.
The President may, after considering the views of the parties, the
arbitrators already appointed, or the relevant third person, body or
organisation, refuse to appoint any arbitrator under this Rule 19.4.
19.5 In appointing an arbitrator under these Rules, the President shall take
into account any agreed quali cations and such considerations that
are relevant to the impartiality or independence of the arbitrator.
19.6 The President shall consider whether the arbitrator has suf cient
availability to conduct the arbitration in a prompt and ef cient
manner appropriate to the nature of the dispute.
19.7 Where the parties are of different nationalities, the President shall
appoint a sole arbitrator or a presiding arbitrator of a different
nationality than the parties, unless the parties have otherwise agreed
or the President determines it to be appropriate otherwise, taking
into account any proposals by the parties and the circumstances of
the case.30
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19.8 The Registrar may, after considering the views of the parties, extend
any timelines for appointment prescribed under these Rules or
otherwise agreed by the parties.
19.9 If, under the terms of an appointment procedure agreed by the
parties, the appointment cannot be effected on those terms, the
President shall appoint the arbitrator(s).
19.10 If, under the terms of an appointment procedure agreed by the
parties, there is a substantial risk of unequal treatment that may risk
affecting the validity or enforceability of the award, the President
may, after considering the views of the parties, take any necessary
measure to constitute an independent and impartial Tribunal. In
such case, each party shall be deemed to have waived any right to
nominate an arbitrator or otherwise participate in the constitution of
the Tribunal, and the President may revoke the appointment of any
arbitrators.
19.11 The terms of appointment of each arbitrator shall be xed by the
Registrar in accordance with these Rules and the Practice Notes for
the time being in force. Prior to the constitution of the Tribunal,
the parties may agree to alternative methods of determining
the Tribunal’s fees. No change to the method of determining the
Tribunal’s fees will be allowed after the constitution of the Tribunal.
19.12 The Tribunal shall be deemed to be constituted on the date so
noti ed by the SIAC Secretariat to the parties.
19.13 Any decision by the President or the Registrar on appointment shall
be nal and not subject to appeal.
20. Disclosure
20.1 All arbitrators appointed under these Rules shall be and shall remain
at all times independent and impartial, and conduct themselves in
accordance with these Rules, SIAC’s Code of Ethics and the Practice
Notes for the time being in force. All arbitrators appointed under
these Rules must sign a Statement of Acceptance, Independence,
Impartiality, and Availability.31
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20.2 Prior to their appointment, prospective arbitrators shall disclose in
writing to the Registrar any circumstances which may give rise to
justi able doubts as to their impartiality or independence and
indicate if they do not possess any quali cations agreed by the
parties.
20.3 After their appointment, arbitrators have a continuing obligation to
immediately disclose in writing to the Registrar, the parties, and the
other arbitrators any circumstances which may give rise to justi able
doubts as to their impartiality or independence.
21. Sole Arbitrator
21.1 Where a sole arbitrator is to be appointed, the parties may jointly
nominate the sole arbitrator within 21 days from the date of
commencement of the arbitration or within the period of time
otherwise agreed by the parties or set by the Registrar.
21.2 If the parties are not able to jointly nominate the sole arbitrator
within 21 days from the date of commencement of the arbitration or
within the period of time otherwise agreed by the parties or set by
the Registrar, the President shall appoint the sole arbitrator.
22. Three Arbitrators
22.1 Where three arbitrators are to be appointed, the Claimant
shall nominate an arbitrator within 14 days from the date of
commencement of the arbitration or within the period of time
otherwise agreed by the parties or set by the Registrar, and the
Respondent shall nominate an arbitrator within 14 days of the receipt
of the Claimant’s nomination of an arbitrator or within the period of
time otherwise agreed by the parties or set by the Registrar.
22.2 If a party fails to nominate an arbitrator within the timelines under
Rule 22.1, the President shall appoint an arbitrator on its behalf.
22.3 The presiding arbitrator shall be appointed by the President, unless
the parties have agreed upon another procedure for the nomination
of the presiding arbitrator or if such agreed procedure does not result
in a nomination of the presiding arbitrator within the period agreed
by the parties or set by the Registrar.32
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23. Multi-Party Appointment of Three Arbitrators
23.1 Where there are more than two parties to the arbitration and
three arbitrators are to be appointed, the Claimant(s) shall jointly
nominate an arbitrator and the Respondent(s) shall jointly nominate
an arbitrator within 28 days from the date of commencement of
the arbitration or within the period of time otherwise agreed by
the parties or set by the Registrar. The presiding arbitrator shall be
appointed in accordance with Rule 22.3.
23.2 In the absence of joint nominations from both the Claimant(s) and
the Respondent(s) having been made within 28 days from the date
of commencement of the arbitration or within the period otherwise
agreed by the parties or set by the Registrar, the President shall
appoint all three arbitrators and designate the presiding arbitrator.
24. Tribunal Secretary
24.1 In accordance with this Rule 24 and the Practice Notes for the time
being in force:
(a) the Tribunal may, after considering the views of the parties
and in consultation with the Registrar, appoint a Tribunal
Secretary; or
(b) the Tribunal may, after considering the views of the parties
and with the approval of the Registrar, appoint a member of
the SIAC Secretariat as a Tribunal Secretary.
24.2 The duties of disclosure under Rule 20 shall apply, mutatis mutandis,
to the appointment of any Tribunal Secretary.
24.3 The Tribunal shall not delegate any of its decision-making functions
to the Tribunal Secretary. All tasks carried out by the Tribunal
Secretary shall be carried out on behalf of, and under the supervision
of, the Tribunal.
24.4 A Tribunal Secretary may be removed by the Tribunal. Where a
member of the SIAC Secretariat is appointed as a Tribunal Secretary,
the Tribunal shall consult with the Registrar before removing the
Tribunal Secretary.33
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24.5 A party who wishes to challenge a Tribunal Secretary shall le a
Notice of Challenge within 7 days from the date of the notice of
appointment of the Tribunal Secretary or within 7 days from the
date that the circumstances speci ed in Rule 26.1 which apply herein
mutatis mutandis, became known or should have reasonably been
known to that party.
24.6 Any challenge to the Tribunal Secretary shall be decided by the
President after considering the views of the parties, the challenged
Tribunal Secretary, and the Tribunal. The President shall not be
required to provide reasons for the decision. The President’s decision
on any challenge to a Tribunal Secretary shall be nal and not subject
to appeal under these Rules.
24.7 In the event of the death, incapacity, resignation, withdrawal, or
removal of a Tribunal Secretary during the course of the arbitration,
a substitute Tribunal Secretary may be appointed in accordance with
the procedure set out in Rule 24.1 and the Practice Notes for the time
being in force.
24.8 The Tribunal shall determine the terms of appointment of the Tribunal
Secretary in accordance with the Practice Notes for the time being in
force and after considering the views of the parties.
25. Communications with the Tribunal
25.1 All communications from the parties to the Tribunal shall be made in
accordance with Rule 4 and any relevant direction by the Tribunal.
25.2 Prior to the constitution of the Tribunal, a party or its representative
shall not engage in any ex parte communications relating to the
arbitration with any prospective arbitrator, including any candidate
for appointment as a party-nominated arbitrator, except to:
(a) discuss the general nature of the dispute and of the anticipated
proceedings;
(b) discuss the candidate’s quali cations, availability, or
independence, in respect of the prospective appointment; or34
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(c) discuss the suitability of candidates for selection as the
presiding arbitrator where the parties or party-nominated
arbitrators are, by agreement of the parties, to participate in
that process.
A party or its representative shall not engage in any ex parte
communications relating to the arbitration with any candidate for
presiding arbitrator.
25.3 After the constitution of the Tribunal, a party or its representative
shall not engage in any ex parte communications relating to the
arbitration with any arbitrator.35
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SIAC Rules (7th Edition, 1 January 2025)
SECTION V. CHALLENGE, REMOVAL AND REPLACEMENT
OF ARBITRATORS
26. Challenge of Arbitrators
26.1 An arbitrator may be challenged if:
(a) circumstances exist that give rise to justi able doubts as to the
arbitrator’s impartiality or independence;
(b) the arbitrator does not possess any requisite quali cation on
which the parties have agreed; or
(c) the arbitrator becomes de jure or de facto unable to perform
his or her functions.
26.2 A party may challenge its nominated arbitrator under Rule 26.1 only
for reasons of which the party becomes aware after the appointment
has been made.
27. Notice of Challenge
27.1 A party who wishes to challenge an arbitrator shall le a notice of
challenge with the Registrar:
(a) within 15 days from the date of receipt of the notice of
appointment of the arbitrator who is being challenged; or
(b) within 15 days from the date that the reasons speci ed in Rule
26.1 became known or should have reasonably been known
to that party.
27.2 The notice of challenge shall include a statement of the facts and
legal basis supporting the challenge and shall include payment of the
Challenge Filing Fee in accordance with the Schedule of Fees. The
date of receipt of the notice of challenge by the Registrar shall be
deemed to be the date the notice of challenge is led.36
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27.3 If the Challenge Filing Fee is not paid upon the ling of the
application, the Registrar may set a period of time for the challenging
party to make payment. If payment is not made within this period of
time, the Registrar may deem the application to be withdrawn on a
without prejudice basis.
27.4 After receipt of a notice of challenge under Rule 27.1, the Registrar
may order the suspension of the arbitration until the challenge
is resolved. Unless the Registrar orders the suspension of the
arbitration pursuant to this Rule 27.4, the challenged arbitrator shall
be entitled to continue to participate in the arbitration pending the
determination of the challenge by the SIAC Court in accordance with
Rule 28.
27.5 If within seven (7) days from the date the notice of challenge is led,
all other parties agree to the challenge or the challenged arbitrator
voluntarily withdraws from of ce, the SIAC Court may direct that a
substitute arbitrator be appointed in accordance with Rule 30.1. In
neither case does this imply acceptance of the validity of the grounds
for the challenge.
28. Decision on Challenge
28.1 If the challenge is not resolved in accordance with Rule 27.5, the SIAC
Court shall decide the challenge after considering the views of the
parties, the challenged arbitrator, and any appointed arbitrators.
28.2 If the SIAC Court accepts the challenge, the SIAC Court shall remove
the arbitrator, and a substitute arbitrator shall be appointed in
accordance with Rule 30.1.
28.3 If the SIAC Court rejects the challenge, the challenged arbitrator shall
continue with the arbitration.
28.4 The SIAC Court’s decision on the challenge to an arbitrator under
this Rule 28 shall be reasoned and shall be delivered by the SIAC
Secretariat to the parties, the challenged arbitrator, and the Tribunal
or any appointed arbitrators.
28.5 The SIAC Court’s decision on the challenge shall be nal and not
subject to appeal under these Rules.37
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28.6 If a challenge is led against an arbitrator who is a member of the
SIAC Board or the SIAC Court, a Committee of the SIAC Court
shall be constituted to decide the challenge which shall include one
member who is not a member of the SIAC Board or the SIAC Court.
28.7 The parties shall be deemed to have agreed that SIAC may publish
any decision of the SIAC Court on a challenge, with the names of the
parties and all other identifying information redacted.
29. Removal
29.1 The SIAC Court may remove an arbitrator, after considering the views
of the parties, the arbitrator whose removal is being considered, and
the other arbitrators, if the SIAC Court determines that:
(a) the arbitrator has not complied with these Rules, the SIAC
Code of Ethics, or the Practice Notes for the time being in
force; or
(b) the arbitrator has not conducted, or participated in, the
arbitration in a manner that ensures the fair, expeditious, and
economical resolution of the dispute.
30. Replacement
30.1 Except as otherwise provided in these Rules, in the event of the death,
incapacity, resignation, withdrawal, or removal of an arbitrator by
the SIAC Court during the course of the arbitration, a substitute
arbitrator shall be appointed in accordance with the procedure
applicable to the nomination and appointment of the arbitrator
being replaced. This procedure shall apply even if, during the process
of appointing the arbitrator, a party failed to exercise its right to
nominate an arbitrator. The time limits applicable to the nomination
and appointment of the substitute arbitrator shall commence from
the date of receipt by the parties of the noti cation of the arbitrator’s
death, incapacity, resignation, withdrawal, or removal.38
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30.2 Where the Tribunal comprises three or more arbitrators, the SIAC
Court may determine, as appropriate and after considering the views
of the parties and the remaining arbitrators, that the remaining
arbitrators shall proceed with the arbitration without appointing a
substitute arbitrator under Rule 30.1.
30.3 If any arbitrator is replaced under these Rules, the Tribunal shall
decide, after considering the views of the parties, whether any
hearings held previously shall be repeated. Unless the Tribunal
decides otherwise after considering the views of the parties, any
hearings held previously relating solely to a decision, ruling, order, or
award shall not be repeated and the decision, ruling, order, or award
shall remain in effect.39
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SIAC Rules (7th Edition, 1 January 2025)
SECTION VI. THE PROCEEDINGS
31. Jurisdiction of the Tribunal
31.1 The Tribunal shall have the power to rule on its own jurisdiction,
including any objections with respect to the existence, validity,
applicability, or scope of the arbitration agreement. An arbitration
agreement which forms part of a contract shall be treated as an
agreement independent of the other terms of the contract. A
decision by the Tribunal that the contract is non-existent or null and
void shall not entail automatically the invalidity of the arbitration
agreement.
31.2 Any objection that:
(a) the Tribunal does not have jurisdiction shall be raised no
later than in a Statement of Defence or with respect to a
counterclaim, in a Statement of Defence to a Counterclaim; or
(b) the Tribunal is exceeding the scope of its jurisdiction shall be
raised within 15 days from the date that the matter alleged to
be beyond the scope of the Tribunal’s jurisdiction arises during
the arbitration.
The Tribunal may admit an objection raised by a party outside
the time limits under this Rule 31.2 if it considers the delay to be
justi ed. A party is not precluded from raising an objection under
this Rule 31.2 by the fact that it has nominated, or participated in the
nomination of, an arbitrator.
31.3 The Tribunal may rule on an objection referred to in Rule 31.2 either
as a preliminary question or in a decision or award on the merits.
32. Conduct of the Proceedings
32.1 The parties and the Tribunal shall be deemed to have agreed that the
arbitration is to be conducted with diligence and professionalism and
further to the principles set out in Rule 3.5(a) – Rule 3.5(c).40
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32.2 The Tribunal shall have the power to conduct the arbitration in
such manner as it considers appropriate. In exercising its procedural
discretion, the Tribunal shall at all times act fairly and impartially and
ensure that each party has a reasonable opportunity to present its
case.
32.3 The Tribunal shall determine the admissibility, relevance, materiality,
and weight of all evidence. The Tribunal is not required to apply
the rules of evidence of any applicable law in making such a
determination.
32.4 As soon as practicable after the constitution of the Tribunal, the
Tribunal shall convene a rst case management conference with the
parties to discuss the procedures that will be most appropriate and
ef cient for the case. At the rst case management conference, the
Tribunal may additionally consult with the parties on:
(a) the potential for the settlement of all or part of the dispute,
including through the adoption of amicable dispute resolution
methods such as mediation under the SIAC-SIMC AMA
Protocol; and
(b) whether it would be appropriate to adopt environmentally
sustainable procedures for the arbitration.
32.5 Any case management conference may be conducted in-person, in
hybrid form, or by videoconference, teleconference, or any other
form of electronic communication.
32.6 The Tribunal shall have the power to direct and schedule the
order of proceedings, bifurcate proceedings, order page limits on
submissions, exclude cumulative or irrelevant testimony or other
evidence and direct the parties to focus their presentations on issues
the determination of which could dispose of all or part of the case.
32.7 Unless otherwise agreed by the parties, the presiding arbitrator may
make procedural rulings alone, subject to any later revision by the full
Tribunal.41
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32.8 The President may request the parties and the Tribunal to attend an
administrative conference to identify and discuss the procedures that
will be most appropriate and ef cient for the case. The administrative
conference may be conducted by videoconference, teleconference,
or any other form of electronic communication.
33. Written Submissions
33.1 Unless the Tribunal determines otherwise, after considering the
views of the parties, the submission of written submissions shall
proceed as set out in this Rule 33.
33.2 Unless already submitted pursuant to Rule 6.4, the Claimant shall,
within a period of time to be determined by the Tribunal, deliver to
the Respondent, the Tribunal, and the SIAC Secretariat, a Statement
of Claim setting out:
(a) a statement of facts supporting the claim;
(b) the legal grounds or arguments supporting the claim; and
(c) the relief sought.
33.3 Unless already submitted pursuant to Rule 7.2, the Respondent shall,
within a period of time to be determined by the Tribunal, deliver to
the Claimant, the Tribunal, and the SIAC Secretariat, a Statement of
Defence (and Statement of Counterclaim, if any) setting out:
(a) a statement of facts supporting the defence to the Statement
of Claim and the Statement of Counterclaim (if any);
(b) the legal grounds or arguments supporting the defence,
counterclaim, cross-claim, or set-off; and
(c) the relief sought.
33.4 If a Statement of Counterclaim is submitted, the Claimant shall,
within a period of time to be determined by the Tribunal, deliver to
the Respondent, the Tribunal, and the SIAC Secretariat, a Statement
of Defence to Counterclaim setting out:42
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(a) a statement of facts supporting the Statement of Defence to
Counterclaim;
(b) the legal grounds or arguments supporting the defence, cross
claim, or set-off; and
(c) the relief sought.
33.5 A party may amend its claim or defence, including a counterclaim,
cross-claim, or set-off with leave of the Tribunal. The Tribunal shall
grant such leave unless it considers it inappropriate to allow such
amendment having regard to when it is requested or the prejudice
to the other parties or any other circumstances. A claim or defence,
including a counterclaim, cross-claim, or set-off, may not be amended
in such a manner that the amended claim or defence, including a
counterclaim, cross-claim, or set-off, falls outside the scope of the
arbitration agreement.
33.6 The Tribunal may, after considering the views of the parties, decide
which further written submissions are required from the parties or
may be presented by them.
33.7 All submissions referred to in this Rule 33 shall be accompanied by
copies of all supporting documents which have not previously been
submitted by any party. The Tribunal may direct, after considering the
views of the parties, that written submissions shall be accompanied
by copies of supporting witness statements and expert reports.
34. Issues for Determination
34.1 The Tribunal shall, in consultation with the parties, and at the
appropriate stages of the arbitration, use reasonable efforts to
identify the issues to be determined in the arbitration and record
them in a procedural order.
35. Applicable Law
35.1 The Tribunal shall apply the law or rules of law chosen by the parties
as applicable to the substance of the dispute. Failing such choice by
the parties, the Tribunal shall apply the law or rules of law which it
determines to be appropriate.43
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35.2 The Tribunal shall make decisions in accordance with the terms of the
contract and shall take into account any applicable usages of trade
applicable to the relevant transactions.
35.3 The Tribunal shall assume the powers of an amiable compositeur or
decide ex aequo et bono only if the parties have expressly authorised
it to do so.
36. Seat of the Arbitration
36.1 The parties may agree on the seat of the arbitration. Failing such an
agreement, the Tribunal shall determine the seat of arbitration.
37. Language of the Arbitration
37.1 The parties may agree on the language or languages of the
arbitration. Failing such an agreement, the Tribunal shall determine
the language or languages of the arbitration.
37.2 If a party submits a document written in a language other than
the language of the arbitration, the Registrar or the Tribunal, as
appropriate, may order that party to submit a translation in a form to
be determined by the Registrar or the Tribunal.
37.3 For the purpose of the administration of the arbitration, the Registrar
may, after considering the views of the parties, determine the
language or languages of the communications between the SIAC
Secretariat and the parties and the SIAC Secretariat and the Tribunal.
38. Third-Party Funding
38.1 A party shall disclose the existence of any third-party funding
agreement and the identity and contact details of the third-party
funder in its Notice or Response or as soon as practicable upon
concluding a third-party funding agreement.
38.2 The funded party shall as soon as practicable notify the Tribunal, the
parties, and the Registrar of any changes to the third-party funding
agreement in respect of which disclosures had previously been made
under Rule 38.1.44
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38.3 After the constitution of the Tribunal, a party shall not enter into
a third-party funding agreement which may give rise to a con ict
of interest with any member of the Tribunal. In such circumstances,
the Tribunal may direct the party to withdraw from the third-party
funding agreement.
38.4 The Tribunal may order the disclosure of the information referred
to in Rule 38.1 and, after considering the views of the parties,
may make such orders for disclosure in respect of the third-party
funding agreement as it sees t including in respect of details of the
third-party funder’s interest in the outcome of the proceedings and
whether the third-party funder has committed to undertake adverse
costs liability.
38.5 The disclosure and existence of a third-party funding agreement on
its own shall not be taken as an indication of the nancial status of a
party.
38.6 The Tribunal may take into account any third-party funding
agreement in apportioning costs under these Rules.
38.7 The Tribunal may take appropriate measures, including issuing an
order or award for sanctions, damages, or costs, if a party does not
comply with any obligations or orders for disclosure under this Rule
38.
39. Hearings
39.1 Unless the parties have agreed that the dispute will be decided on
the basis of written submissions and any accompanying documentary
evidence or as otherwise provided in these Rules, the Tribunal shall,
if either party so requests or the Tribunal so decides, hold a hearing
for the presentation of evidence by witnesses, including expert
witnesses, and/or for oral argument.
39.2 The Tribunal shall, after considering the views of the parties, set
the date, time, and format of any hearing and shall give the parties
reasonable notice. The hearing may be conducted in-person,
at a location determined by the Tribunal as appropriate after
consulting with the parties, in hybrid form, or by videoconference,
teleconference, or any other form of electronic communication.45
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39.3 Unless otherwise agreed by the parties, all hearings shall be
conducted in private, and any recordings, transcripts, or documents
used in relation to the arbitration shall be subject to the con dentiality
provisions in Rule 59.
39.4 The Tribunal may deliberate in any manner and at any location it
considers appropriate. Any anticipated expenses for the Tribunal’s
deliberations must be approved in advance by the Registrar.
40. Witnesses
40.1 Prior to any hearing, the Tribunal may direct the parties to give notice
of the identity of witnesses, including expert witnesses, whom the
parties intend to produce, the subject matter of their testimony, and
its relevance to the issues.
40.2 The Tribunal shall have the power to order or refuse to allow the
appearance of witnesses to give oral evidence at any hearing or to
limit oral witness testimony at any hearing.
40.3 Any witness who gives oral evidence may be questioned by each of
the parties and their representatives and the Tribunal in such manner
as the Tribunal may determine.
40.4 The Tribunal may direct the testimony of witnesses to be presented in
written form, either as signed or sworn statements or any other form
of recording. Subject to Rule 40.2, any party may request that such
a witness attend a hearing for oral examination, whether in-person,
by videoconference, teleconference, or any other form of electronic
communication. If the witness fails to attend for oral examination,
the Tribunal may determine the weight to be placed on such written
testimony, disregard such written testimony, or exclude such written
testimony altogether.
40.5 Subject to any applicable laws or regulations, in respect of any
witness or potential witness whose evidence it intends to adduce, a
party or its representatives:
(a) may interview any such witness or potential witness;
(b) assist such witness or potential witness in the preparation of a
witness statement or expert report; and46
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(c) meet such witness prior to his or her appearance to give oral
evidence at any hearing.
A party and its representatives should seek to ensure that the
evidence of fact witnesses re ects their own account of the relevant
facts and the evidence of experts re ects their genuinely held
opinions.
41. Tribunal-appointed experts
41.1 The Tribunal may, after considering the views of the parties, appoint
one or more experts to report on issues within the scope of the
disputes or to otherwise assist the Tribunal.
41.2 The Tribunal shall consult with the parties on the terms of
appointment and fees of the expert.
41.3 Any expert appointed under Rule 41.1 shall provide a signed
declaration relating to his or her quali cations, impartiality and
independence, prior to his or her appointment, in a form to be
determined by the Tribunal. The Tribunal shall determine any
objection by a party to the expert’s quali cations, impartiality, or
independence.
41.4 The parties shall give any expert appointed under Rule 41.1 all
relevant information and produce or provide access to any relevant
documents, goods or property for inspection.
41.5 Any expert appointed under Rule 41.1 shall submit a report in writing
to the Tribunal. Upon receipt of such written report, the Tribunal shall
deliver a copy of the report to the parties and the SIAC Secretariat,
and the Tribunal shall invite the parties to submit written comments
on the report.
41.6 If any party so requests or the Tribunal so decides, an expert
appointed under Rule 41.1 shall, after delivery of his or her written
report, attend for oral examination at a hearing, whether in
person, or by videoconference, teleconference, or any other form of
electronic communication.47
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42. Closure of the Proceedings
42.1 The Tribunal shall, as soon as practicable after the last directed
oral or written submissions in respect of matters to be decided in
an award, and upon being satis ed that the parties have no further
relevant and material evidence to produce or submissions to make
with respect to such matters, declare the proceedings closed. The
Tribunal’s declaration that the proceedings are closed shall be in
writing and communicated to the parties and the SIAC Secretariat.
42.2 The Tribunal may, on its own motion or upon application of a party
but before any award is made, reopen the proceedings. The Tribunal’s
decision that the proceedings are to be reopened shall be in writing
and communicated to the parties and to the SIAC Secretariat.
43. Suspension, Settlement, and Termination
43.1 The Registrar or the Tribunal, as appropriate, may suspend an
arbitration in accordance with such terms as the parties have agreed
or as otherwise provided in these Rules. The Registrar or the Tribunal
may, after considering the views of the parties, order the tolling of
any timelines.
43.2 In the event of a settlement, the Tribunal shall issue an order
terminating the arbitration or, if the parties so request, the Tribunal
may record the settlement in the form of a consent award on agreed
terms. The Tribunal is not obliged to provide reasons for a consent
award or to include the settlement terms in the consent award.
43.3 The Tribunal shall, after considering the views of the parties, issue an
order terminating the arbitration where:
(a) the Claimant withdraws its claim, unless the Respondent
objects thereto and the Tribunal recognises a legitimate
interest on the Respondent’s part in obtaining a nal
settlement of the dispute or any orders as to costs;
(b) the parties agree on the termination of the arbitration;
(c) the Tribunal nds that the continuation of the arbitration has
become unnecessary or impossible; or48
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(d) the Registrar has deemed the relevant claims, counterclaims,
or cross-claims to be withdrawn for non-payment of deposits
in accordance with Rule 56.5(b).
43.4 Prior to the constitution of the Tribunal, the Registrar shall have the
power to terminate an arbitration in accordance with these Rules.
43.5 An order of the Tribunal or the Registrar terminating the arbitration
under this Rule 43 shall be effective on the date of such order, unless
otherwise ordered by the Tribunal or the Registrar.
44. Non-participation and Non-compliance
44.1 If the Claimant fails to submit a Statement of Claim within the time
speci ed by the Tribunal, the Tribunal may, after considering the
views of the parties, issue an order terminating the arbitration in
accordance with Rule 43, unless there are remaining matters which
require determination.
44.2 If the Respondent fails to submit a Statement of Defence within the
time speci ed by the Tribunal, or if at any point any party fails to avail
itself of the opportunity to present its case in the manner directed by
the Tribunal, the Tribunal may proceed with the arbitration without
treating such failure in itself as an admission of any allegations.
44.3 If, without showing suf cient cause, any party fails or refuses to
comply with these Rules or with any direction, decision, ruling, order,
or award of the Tribunal, or to attend any meeting or hearing, the
Tribunal may proceed with the arbitration. In these circumstances,
the Tribunal may impose such sanctions as it deems appropriate and
make an award on the evidence before it.49
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SECTION VII. POWERS OF THE TRIBUNAL
45. Interim Relief
45.1 Unless otherwise agreed by the parties, the Tribunal may, at the
request of a party, issue an order or an award granting any interim or
conservatory relief it deems appropriate. The Tribunal may order the
party requesting interim or conservatory relief to provide appropriate
security in connection with the relief sought.
45.2 A request for interim or conservatory relief made by a party to a
judicial authority is not incompatible with these Rules and shall not
be considered a breach or waiver of the arbitration agreement.
Any such application to a judicial authority and any decision taken
thereon must be promptly noti ed to the Tribunal and the Registrar.
46. Preliminary Determination
46.1 A party may apply to the Tribunal for a nal and binding preliminary
determination of any issue that arises for determination in the
arbitration where:
(a) the parties agree that the Tribunal may determine such an
issue on a preliminary basis;
(b) the applicant is able to demonstrate that the determination
of the issue on a preliminary basis is likely to contribute to
savings of time and costs and a more ef cient and expeditious
resolution of the dispute; or
(c) the circumstances of the case otherwise warrant the
determination of the issue on a preliminary basis.
46.2 An application for preliminary determination under Rule 46.1 shall
state the facts and legal basis supporting the application.
46.3 The Tribunal shall, after giving the parties the opportunity to be
heard, decide whether to proceed with the application for preliminary
determination.
46.4 If the application for preliminary determination is allowed to proceed,
the Tribunal shall:50
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(a) determine the procedure for making such preliminary
determination, having regard to the circumstances of the case
and the need to provide the parties a reasonable opportunity
to present their cases; and
(b) make a decision, ruling, order, or award on the application,
with reasons which may be in summary form, within 90 days
from the date of ling of the application, unless the Registrar
extends the time.
46.5 Nothing in this Rule 46 shall limit the Tribunal’s inherent powers
to direct a preliminary determination of any issue that arises for
determination in the arbitration.
47. Early Dismissal of Claims and Defences
47.1 A party may apply to the Tribunal for the early dismissal of a claim or
defence where:
(a) a claim or defence is manifestly without legal merit; or
(b) a claim or defence is manifestly outside the jurisdiction of the
Tribunal.
47.2 An application for early dismissal under Rule 47.1 shall state the facts
and legal basis supporting the application.
47.3 The Tribunal shall determine whether the application for early
dismissal under Rule 47.1 is allowed to proceed.
47.4 If the application for early dismissal is allowed to proceed, the
Tribunal shall, after giving the parties the opportunity to be heard,
make a decision, ruling, order, or award on the application, with
reasons which may be in summary form. The decision, ruling, order,
or award shall be made within 45 days from the date of ling the
application, unless the Registrar extends the time.
48. Security for Costs
48.1 A party may apply to the Tribunal for an order that any party asserting
a claim, counterclaim, or cross-claim provide security for legal costs
and expenses and the costs of the arbitration.51
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48.2 If a party fails to comply with an order to provide such security, the
Tribunal may make any consequential direction as appropriate.
48.3 A party shall promptly disclose any material change in the
circumstances upon which the Tribunal has ordered security under
Rule 48.1.
48.4 The Tribunal may, after considering the views of the parties, modify
or revoke its order on security under Rule 48.1.
49. Security for Claims
49.1 A party may apply to the Tribunal for an order that any party
responding to a claim, counterclaim, or cross-claim provide security
against the relevant claim.
49.2 If a party fails to comply with an order to provide such security, the
Tribunal may make any consequential direction as appropriate.
49.3 A party shall promptly disclose any material change in the
circumstances upon which the Tribunal has ordered security under
Rule 49.1.
49.4 The Tribunal may, after considering the views of the parties, modify
or revoke its order on security under Rule 49.1.
50. Additional Powers of the Tribunal
50.1 Unless otherwise agreed by the parties, the Tribunal shall have the
power to decide all procedural and evidential matters.
50.2 In addition to the other powers speci ed in these Rules, unless
otherwise agreed by the parties or prohibited by the mandatory rules
of any applicable law, the Tribunal shall have the power to:
(a) direct any party to give evidence by af davit or in any other
form;
(b) administer oaths or take af rmations of the parties and
witnesses;52
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(c) conduct such enquiries as may appear to the Tribunal to be
necessary or expedient;
(d) determine whether, and to what extent, the Tribunal should
itself take the initiative in ascertaining the facts or the law;
(e) order the correction or recti cation of any contract, subject to
the law governing such contract;
(f) order any party to produce to the Tribunal and to the other
parties for inspection, in a manner to be determined by the
Tribunal, any document, property, or item in its possession or
control which the Tribunal considers relevant to the case and
material to its outcome;
(g) order the preservation, storage, sale, or disposal, of any
document, property, or item which is or forms part of the
subject matter of the dispute;
(h) direct any party to take or refrain from taking actions to ensure
that any award which may be made in the arbitration is not
rendered ineffectual by the dissipation of assets by a party or
otherwise;
(i) decide, where appropriate, any issue not expressly or impliedly
raised in the submissions of a party provided such issue has
been clearly brought to the notice of all other parties and all
other parties have been given an adequate opportunity to
respond or provide submissions;
(j) determine the procedural law or any other law applicable to
the arbitration;
(k) determine any claim of legal or other privilege;
(l) make any necessary directions, including a suspension of
proceedings, for the parties to adopt any amicable dispute
resolution methods such as mediation under the SIAC-SIMC
AMA Protocol; and
(m) except as provided in these Rules, extend or abridge any period
of time prescribed under these Rules or by its directions.53
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SECTION VIII. THE AWARD
51. Making of the Award
51.1 The Tribunal may make more than one award at different points in
time during the arbitration on different aspects of the matters to be
determined.
51.2 Where there is more than one arbitrator, the Tribunal shall decide by
a majority. Failing a majority decision, the presiding arbitrator alone
shall make the award for the Tribunal.
51.3 If any arbitrator fails to participate in the making of the award,
having been given a reasonable opportunity to do so, the remaining
arbitrators may proceed. The remaining arbitrators shall provide
written notice of such failure to the Registrar, the parties, and the
absent arbitrator. In deciding whether to proceed with the arbitration
in the absence of an arbitrator, the remaining arbitrators may take
into account, inter alia, the stage of the arbitration, any explanation
provided by the absent arbitrator for his or her failure to participate,
and the effect, if any, upon the enforceability of the award should
the remaining arbitrators proceed without the absent arbitrator. The
remaining arbitrators shall explain, in any award made, the reasons
for proceeding without the absent arbitrator.
51.4 Unless otherwise agreed by the parties, the Tribunal shall specify
in the nal award the Registrar’s determination of the costs of the
arbitration and the Tribunal’s decision on the apportionment of the
costs of the arbitration.
51.5 Subject to any applicable law, the Tribunal may award simple or
compound interest from such date, at such rate, and with such rest
as the Tribunal considers appropriate, for:
(a) the whole or any part of any sum awarded or sum at issue in
the arbitration; and
(b) any costs awarded in the arbitration.
In making its award on interest, the Tribunal shall take into account
any agreement by the parties on interest.54
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51.6 The parties shall be deemed to have agreed that any award shall be
nal and binding on the parties from the date it is made, and the
parties undertake to carry out the award immediately and without
delay. The parties hereby irrevocably waive their rights to any form
of appeal, review, or recourse to any court or other judicial authority
with respect to such award insofar as such waiver may be validly
made.
51.7 Unless otherwise agreed by the parties, and insofar as not prohibited
by any applicable law, every award shall be nal and binding
between the parties in respect of the claims, counterclaims, cross
claims, and set-offs determined and, where appropriate, the issues of
fact and law that it determines in order to rule on the parties’ claims,
counterclaims, cross-claims, and set-offs.
52. Form of the Award
52.1 The award shall be made in writing and shall be signed by the
arbitrator(s). In an arbitration with more than one arbitrator, the
signatures of the majority of the members of the Tribunal shall
suf ce, provided that the reason for any omitted signature is stated
in the award.
52.2 The Tribunal may, after considering the views of the parties, and in
consultation with the Registrar, determine that it is appropriate for:
(a) the award to be signed in counterpart; or
(b) the award to be signed electronically.
52.3 The award shall state the reasons upon which it is based, unless the
award is by consent under Rule 43.2.
52.4 The award shall be deemed to be made at the seat of the arbitration
and on the date stated therein.
52.5 The Tribunal shall deliver the award to the SIAC Secretariat, who shall
deliver the award to the parties upon settlement of the costs of the
arbitration.
52.6 At the request of a party, the Registrar may authenticate any award
or arbitration agreement or certify any paper copies thereof.55
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53. Scrutiny of the Award
53.1 Within 30 days of the date of submission of the last directed oral
or written submission in respect of the matters to be decided in an
award, the Tribunal shall provide the parties and the SIAC Secretariat
with an estimate of the time within which it proposes to submit the
draft award for scrutiny under Rule 53.2.
53.2 Before making the award, the Tribunal shall submit such award in
draft form to the SIAC Secretariat and inform the parties of the date
of submission. The Tribunal shall submit the draft award to the SIAC
Secretariat not later than 90 days from the date of submission of the
last directed oral or written submission in respect of the proceedings
to which the award pertains, unless the Registrar determines
otherwise.
53.3 The Registrar may, as soon as practicable, suggest modi cations as
to the form of the draft award and, without affecting the Tribunal’s
liberty to decide the dispute, draw the Tribunal’s attention to points
of substance. The SIAC Secretariat shall inform the parties when the
Registrar has completed the scrutiny.
53.4 No award shall be issued until it has been approved by the Registrar
as to its form.
54. Correction, Interpretation, and Additional Awards
54.1 Within 30 days from the date of receipt of an award, a party may,
by written notice to the Registrar, the Tribunal, and the other
party, request the Tribunal to correct in the award any errors in
computation, any clerical or typographical errors or any errors of
similar nature. After considering the views of the parties on the
request, if the Tribunal considers the request to be justi ed, it shall
make the correction within 30 days from the date of receipt of the
request. Any correction, made in the original award or in a separate
memorandum, shall form part of the award.
54.2 The Tribunal may correct any error of the type referred to in Rule 54.1
on its own initiative within 30 days from the date of receipt of the
award.56
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54.3 Within 30 days from the date of receipt of an award, a party may,
by written notice to the Registrar, the Tribunal, and the other party,
request the Tribunal to give an interpretation of a speci c point or
part of the award. After considering the views of the parties on
the request, if the Tribunal considers the request to be justi ed, it
shall give the interpretation in writing within 30 days from the date
of receipt of the request. Any interpretation shall form part of the
award.
54.4 Within 30 days from the date of receipt of an award, a party may,
by written notice to the Registrar, the Tribunal, and the other party,
request the Tribunal to make an additional award as to claims
presented in the arbitration but not addressed in the award. After
considering the views of the parties on the request, if the Tribunal
considers the request to be justi ed, it shall make the additional
award within 60 days from the date of receipt of the request.
54.5 The Registrar may extend the period of time within which the
Tribunal may make a correction of an award, interpretation of an
award, or an additional award under this Rule 54.
54.6 The provisions of Rule 53 shall apply, mutatis mutandis, to a
correction, interpretation, or an additional award.
54.7 The Registrar may determine that additional costs of arbitration
shall apply under this Rule 54 in relation to the Tribunal’s fees and
expenses and SIAC’s administration fees and expenses.
55. Remission
55.1 Where a court remits an award to the Tribunal, these Rules shall
apply as appropriate to the administration of the arbitration in
accordance with the terms of such remission. The Registrar may
take any necessary steps to enable the Tribunal to comply with the
terms of such remission and may determine that additional costs of
arbitration shall apply under this Rule 55.1 in relation to the Tribunal’s
fees and expenses and SIAC’s administration fees and expenses.57
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SECTION IX. DEPOSITS AND COSTS
56. Deposits
56.1 The Registrar shall x the deposits payable towards the estimated
costs of the arbitration calculated in accordance with the amount in
dispute under the Schedule of Fees. Unless the Registrar otherwise
directs, 50 percent of such deposits shall be payable by the
Claimant(s) and 50 percent of such deposits shall be payable by the
Respondent(s). The Registrar may x separate deposits for a claim,
counterclaim, or cross-claim.
56.2 Where the amount in dispute is not quanti able at the time the
deposits are due, the Registrar shall make a provisional estimate of
the costs of the arbitration and call for the deposits thereon. This
estimate may be adjusted upon the quanti cation of the amount in
dispute or in light of such information as may subsequently become
available.
56.3 The Registrar may at any time direct the parties to make further or
additional deposits towards the estimated costs of the arbitration.
56.4 Parties are jointly and severally liable for the costs of the arbitration.
In the event that a party does not pay the deposits as directed, the
Registrar may direct the other party to make payment of the deposits
on its behalf.
56.5 If a party fails to pay the deposits as directed, the Registrar may:
(a) direct the Tribunal and the SIAC Secretariat to suspend the
conduct and administration of the arbitration in whole or in
part; and/or
(b) set a time limit on the expiry of which the relevant claim,
counterclaim, or cross-claim shall be considered as withdrawn
on a without prejudice basis.
56.6 All deposits towards the estimated costs of the arbitration shall be
made to and held by SIAC. Any interest which may accrue on such
deposits shall be retained by SIAC.58
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56.7 If a party pays the deposits towards the estimated costs of arbitration
on behalf of another party, the Tribunal may issue an order or award
for the reimbursement of such deposits paid.
57. Costs of the Arbitration
57.1 The Registrar shall determine the costs of the arbitration at the
conclusion of the arbitration in accordance with the Schedule of Fees
and the Practice Notes for the time being in force.
57.2 Under these Rules, the term “costs of the arbitration” shall comprise:
(a) the Tribunal’s fees and expenses;
(b) SIAC’s administration fees and expenses;
(c) the Emergency Arbitrator’s fees and expenses;
(d) the Tribunal Secretary’s fees and expenses;
(e) the costs of any expert appointed by the Tribunal and of any
other assistance reasonably required by the Tribunal; and
(f) the Filing Fees.
57.3 The costs of the arbitration shall include any applicable government
or statutory taxes.
57.4 The Tribunal’s fees and SIAC’s fees shall be subject to the maximum
limits based on the amount in dispute in accordance with the
Schedule of Fees. The Registrar shall have the power to:
(a) determine that the maximum limits calculated in accordance
with the Schedule of Fees shall be maintained notwithstanding
an amendment to the amount in dispute; and
(b) determine that an additional fee over and above the maximum
limits prescribed in the Schedule of Fees shall apply to the
Tribunal’s fees and SIAC’s fees.59
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57.5 In the event that the costs of the arbitration as determined by the
Registrar are less than the deposits paid by the parties, there shall
be a refund to the parties of their respective unutilised deposits or in
such proportions as the parties may agree.
57.6 The Tribunal’s reasonable expenses and other allowances shall be
reimbursed in accordance with the Practice Notes for the time being
in force.
57.7 The Registrar may from time to time allow an interim payment to the
Tribunal in accordance with these Rules and the Practice Notes for
the time being in force.
57.8 The Registrar’s determination of the costs of the arbitration shall be
nal and not subject to appeal or review under these Rules.
58. Legal and Other Costs
58.1 The Tribunal shall have the power to order in the award that all or a
part of a party’s legal or other costs shall be paid by another party.
In exercising its power, the Tribunal shall take into account such
circumstances as it considers relevant including the conduct of the
parties during the proceedings.60
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SECTION X. GENERAL PROVISIONS
59. Con dentiality
59.1 Unless otherwise agreed by the parties, or as otherwise provided
in these Rules, the parties, and any party representative, witness
or expert, third-party funder, the members of any Tribunal, any
Emergency Arbitrator, and any person appointed by a Tribunal,
including any Tribunal Secretary and any Tribunal-appointed expert,
the SIAC Court, the President, the Vice President, the Registrar, and
the SIAC Secretariat shall be under a continuing obligation to treat all
matters relating to the proceedings as con dential.
59.2 The discussions and deliberations of the Tribunal, the SIAC Court,
and the SIAC Secretariat shall be con dential.
59.3 Unless otherwise agreed by the parties, or as otherwise provided
in these Rules, the parties, and any party representative, witness
or expert, third-party funder, the members of any Tribunal, any
Emergency Arbitrator, and any person appointed by a Tribunal,
including any Tribunal Secretary and any Tribunal-appointed expert,
shall not, without the prior written consent of the parties, disclose to
a third party any such matter except:
(a) for the purpose of making an application to any competent
court of any jurisdiction to challenge or enforce the award;
(b) pursuant to the order of or a subpoena issued by a court of
competent jurisdiction;
(c) for the purpose of pursuing or enforcing a legal right or claim;
(d) in compliance with the provisions of the laws of any jurisdiction
which are binding on the party making the disclosure or
the request or requirement of any regulatory body or other
authority;
(e) pursuant to an order by the Tribunal on application by a party
with proper notice to the parties; or
(f) for the purpose of any application under these Rules.61
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59.4 In Rule 59.1, “matters relating to the proceedings” includes the
existence of the arbitration, the deliberations of the Tribunal, the
pleadings, evidence, submissions, and all other materials and written
communications produced and submitted by the parties in the
arbitration, and any decision, ruling, order, or award, save where
the information is, without any breach of Rule 59.1 and Rule 59.2,
otherwise in the public domain.
59.5 The Tribunal has the power to enforce any obligation of con dentiality
on the parties under these Rules, in accordance with the applicable
law or pursuant to the parties’ agreement, and may issue an order or
award for sanctions, damages, or costs and take measures to protect
trade secrets.
60. Publication
60.1 SIAC may, with the agreement in writing of all parties, publish any
decision, ruling, order, or award of a Tribunal with the names of the
parties and other identifying information redacted.
61. Information Security
61.1 As soon as practicable after the commencement of the arbitration,
any party may propose and seek to agree on reasonable measures
to protect the information that is shared, stored, or processed in
relation to the arbitration.
61.2 At the rst case management conference and any other appropriate
stage of the proceedings, the Tribunal shall discuss with the parties
the information security measures described in Rule 61.1. The Tribunal
may, after considering the views of the parties, give directions to the
parties in that regard, taking into account the circumstances of the
case and relevant best practices on information security, including
cybersecurity and cyber resilience.
61.3 The Tribunal shall have the power to take appropriate measures,
including issuing an order or award for sanctions, damages, or
costs, if a party does not take necessary steps to comply with the
information security measures agreed by the parties and/or directed
by the Tribunal.62
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SIAC Rules (7th Edition, 1 January 2025)
62. Document Retention
62.1 SIAC shall maintain an archive of each arbitration commenced under
these Rules for a minimum of six (6) years from the date the nal
award was issued or the arbitration was terminated unless otherwise
requested by a party to maintain an archive of an arbitration for a
longer period. SIAC may thereafter dispose of such documents in a
con dential manner without notice to the parties or the Tribunal.
63. Decisions by SIAC
63.1 Except as provided in these Rules, the decisions of the SIAC Court,
the President, the Vice President, the Registrar, and the SIAC
Secretariat with respect to all matters relating to an arbitration shall
be conclusive and binding upon the parties and the Tribunal. Except
as provided in these Rules, the SIAC Court, the President, the Vice
President, the Registrar, and the SIAC Secretariat are not required to
provide reasons for such decisions but may provide such reasons at
the joint request of the parties.
63.2 The SIAC Court may delegate its powers under these Rules to a
Committee of the SIAC Court.
63.3 At the President’s request, or if for any reason the President is unable
to act, the Vice President or the Registrar is authorised to exercise the
powers of the President under these Rules.
63.4 The parties waive any right of appeal or review in respect of any
decisions of the SIAC Court, the President, the Vice President, the
Registrar, and the SIAC Secretariat to any court or other judicial
authority insofar as such waiver can be validly made.63
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64. Waiver
64.1 If a party knows or ought to have reasonably known that any
provision of these Rules, an agreement of the parties including any
agreement relating to the constitution of the Tribunal or the conduct
of the proceedings, or any other rules applicable to the proceedings,
or any direction given in relation to the arbitration has not been
complied with, and does not state its objection in writing before the
expiry of any time limit provided in these Rules for such objection,
or in the absence of such time limit, within 15 days from the date of
such knowledge, it shall be deemed to have irrevocably waived any
right to object.
65. Exclusion of Liability
65.1 The parties shall be deemed to have agreed that SIAC (including
its of cers and employees), members of the SIAC Board, members
of the SIAC Court, the President, the Vice President, the Registrar,
the SIAC Secretariat, the members of any Tribunal, any Emergency
Arbitrator, and any person appointed by a Tribunal, including any
Tribunal Secretary and any Tribunal-appointed expert, shall not be
liable to any person howsoever for any negligence or any act or
omission including any decision, determination, or ruling or alleged
failure to make any decision, determination, or ruling, or any mistake
in law, fact or procedure made during the course of the arbitration,
except to the extent that it can be demonstrated that such act or
omission or mistake was carried out fraudulently, and the parties
shall be deemed to have further agreed that such exclusion of liability
as agreed upon in this Rule 65.1 is fair and reasonable.
65.2 The parties shall be deemed to have agreed that SIAC (including
its of cers and employees), members of the SIAC Board, members
of the SIAC Court, the President, the Vice President, the Registrar,
the SIAC Secretariat, the members of any Tribunal, any Emergency
Arbitrator, any person appointed by a Tribunal, including any Tribunal
Secretary and any Tribunal-appointed expert, shall not be under any
obligation to make any statement in connection with any arbitration
administered by SIAC in accordance with these Rules, and no party
shall seek to make, summon, join, subpoena, or otherwise involve
any of these persons or bodies as a party or a witness in any judicial,
arbitration, administrative, or any other proceedings related to the
arbitration or otherwise.64
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
SCHEDULE 1. EMERGENCY ARBITRATOR PROCEDURE
Application for Emergency Interim Relief
1. A party requiring emergency interim or conservatory relief in
accordance with Rule 12.1 may le an application with the Registrar
for the appointment of an Emergency Arbitrator (“Application”).
2. An Application may be led:
(a) prior to the ling of the Notice;
(b) concurrent with the ling of the Notice; or
(c) any time after the ling of the Notice or the Response but
prior to the constitution of the Tribunal.
3. The Application shall include:
(a) any Notice which has been led in the arbitration and the
supporting documents thereon;
(b) the identity and contact details of the parties to the arbitration
and their representatives;
(c) a statement certifying that all parties have been provided with
a copy of the Application or, if not, an explanation of the steps
taken to provide a copy or noti cation of the Application to all
parties;
(d) a copy or description of the arbitration agreement invoked;
(e) a copy or description of the contract or other instrument out
of or in connection to which the dispute arises;
(f) a description of the circumstances giving rise to the
Application and of the underlying dispute referred or to be
referred to arbitration;65
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(g) a statement of the emergency interim or conservatory relief
sought and the reasons why such relief is required on an
emergency basis and cannot await the constitution of the
Tribunal;
(h) any comment as to the applicable rules of law, seat of the
arbitration and the language of the arbitration for the
emergency proceedings;
(i) a statement on the existence of any third-party funding
agreement and the identity and contact details of the third
party funder; and
(j) English translations of any documents led in a language
other than in English.
4. The Application shall be accompanied by payment of the EA Filing
Fee and the deposits towards the Emergency Arbitrator’s fees and
expenses in accordance with the Schedule of Fees.
5. The Registrar may call for additional deposits from the applicant
towards the Emergency Arbitrator’s fees and expenses. If the
additional deposits are not paid within the period of time set by the
Registrar, the Application shall be considered as withdrawn on a
without prejudice basis.
6. If the Application is led under paragraph 2(a) of this Schedule 1, and
the Notice is not led within 7 days from the date of the Registrar’s
receipt of the Application, the Application shall be considered as
withdrawn on a without prejudice basis unless the Registrar extends
the time.
Appointment of Emergency Arbitrator
7. If the President determines that SIAC shall accept the Application,
the President shall seek to appoint an Emergency Arbitrator within
24 hours from the later of:
(a) the date of receipt by the Registrar of the Application; or
(b) the date of receipt of payment of the EA Filing Fee and
deposits.66
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8. The duties of disclosure under Rule 20 shall apply, mutatis mutandis,
to the appointment of an Emergency Arbitrator.
Challenge of Emergency Arbitrator
9. A party who wishes to challenge an Emergency Arbitrator shall le a
notice of challenge with the Registrar:
(a) within 24 hours from the date of receipt of the notice of
appointment of the Emergency Arbitrator; or
(b) within 24 hours from the date that the circumstances speci ed
in Rule 26.1 became known or should have reasonably been
known to that party.
A party is not permitted to challenge an Emergency Arbitrator after
the constitution of the Tribunal.
10. If within 24 hours from the date the notice of challenge is led, the
other party agrees to the challenge or the challenged Emergency
Arbitrator voluntarily withdraws from of ce, the SIAC Court may
direct that a substitute Emergency Arbitrator be appointed in
accordance with Rule 30.1 and Schedule 1. In neither case does this
imply acceptance of the validity of the grounds for the challenge.
11. The procedure for challenge and replacement of an arbitrator
provided in Rule 27, Rule 28, and Rule 30, shall apply, mutatis
mutandis, to a challenge to an Emergency Arbitrator, save that the
SIAC Court may determine that no reasons are to be provided for its
decision on the challenge.
Conduct of Emergency Interim Relief Proceedings
12. If the parties have agreed on the seat of the arbitration, such seat
shall be the seat of the emergency interim relief proceedings.
Failing such an agreement, the seat of the emergency interim relief
proceedings shall be Singapore, without prejudice to the Tribunal’s
determination of the seat of the arbitration in accordance with Rule
36.1.67
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13. The Emergency Arbitrator shall have the power to conduct the
emergency interim relief proceedings in such manner as the
Emergency Arbitrator considers appropriate, taking into account
the inherent urgency of emergency interim relief proceedings. The
Emergency Arbitrator shall have all the powers vested in the Tribunal
pursuant to these Rules, including the power to rule on its own
jurisdiction, without prejudice to the Tribunal’s determination.
14. The Emergency Arbitrator shall establish a schedule for consideration
of the Application within 24 hours after its appointment. In the
event a party does not participate in the emergency proceedings, the
Emergency Arbitrator may conduct the proceedings in the party’s
absence.
15. Unless the parties have agreed that the Application shall be
decided on the basis of written submissions and any accompanying
documentary evidence, the Emergency Arbitrator shall, if either party
so requests or the Emergency Arbitrator so decides, hold a hearing
for determination of the Application. Taking into account the inherent
urgency of emergency interim relief proceedings, the hearing may
be conducted in-person, in hybrid form, or by videoconference,
teleconference, or any other form of electronic communication.
Order or Award
16. The Emergency Arbitrator shall have the power to make a
preliminary order pending the provision of any written submissions
or consideration of the Application.
17. The Emergency Arbitrator shall have the power to order or award any
interim relief that the Emergency Arbitrator deems necessary. The
Emergency Arbitrator shall make the order or award within 14 days
from the date of the Emergency Arbitrator’s appointment unless the
Registrar extends the time. No order or award shall be made by the
Emergency Arbitrator until it has been approved by the Registrar in
accordance with Rule 53.
18. The Emergency Arbitrator may make an order or award subject to
such conditions as the Emergency Arbitrator deems appropriate,
including requiring the provision of appropriate security.68
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19. Prior to the constitution of the Tribunal, the Emergency Arbitrator, on
its own initiative or upon the reasoned request of a party, shall have
the power to:
(a) reconsider, modify, or vacate any order or award; and
(b) make an additional order or award as to any claim for
emergency interim relief presented in the emergency interim
relief proceedings but not decided in any order or award of
the Emergency Arbitrator.
20. An order or award issued by the Emergency Arbitrator shall cease to
be binding:
(a) if the parties so agree;
(b) if the Emergency Arbitrator or the Tribunal so decides;
(c) if the Application is considered as withdrawn in accordance
with paragraph 5 or paragraph 6 of this Schedule 1;
(d) if the Tribunal is not constituted within 90 days from the date
of the order or award, unless the Registrar extends the time;
(e) if the claims in the arbitration are withdrawn or the arbitration
is terminated prior to the issuance of the nal award; or
(f) upon issuance of the nal award, unless the Tribunal
determines otherwise.
21. The Emergency Arbitrator shall have no power to act after the
Tribunal is constituted. The Tribunal may af rm, reconsider, modify,
or vacate any order or award issued by the Emergency Arbitrator,
including a ruling on its jurisdiction. The Tribunal shall not be bound
by the reasons given by the Emergency Arbitrator.
22. An Emergency Arbitrator may not act as an arbitrator in the
arbitration, unless otherwise agreed by the parties.69
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23. The parties shall be deemed to have agreed that an order or award by
an Emergency Arbitrator pursuant to this Schedule 1 shall be binding
on the parties from the date it is made, and the parties undertake
to carry out the order or award immediately and without delay. The
parties hereby irrevocably waive their rights to any form of appeal,
review, or recourse to any court or other judicial authority with
respect to such order or award insofar as such waiver may be validly
made.
Costs of Emergency Interim Relief Proceedings
24. The costs associated with any Application pursuant to this Schedule
1 may initially be apportioned by the Emergency Arbitrator, subject
to the power of the Tribunal to nally determine the apportionment
of such costs.
Protective preliminary order application
25. Unless otherwise agreed by the parties, a party may le an
Application without complying with paragraph 3(c) of this Schedule
1, and without notice to the other parties, to make a request for the
appointment of an Emergency Arbitrator to consider a request for
an interim measure together with an application for a preliminary
order directing a party not to frustrate the purpose of the emergency
interim or conservatory measure requested (a “protective preliminary
order application”).
26. If the President determines that SIAC shall accept a protective
preliminary order application under paragraph 25 of this Schedule
1, the President shall appoint an Emergency Arbitrator in accordance
with the timelines in paragraph 7 of this Schedule 1.
27. The Emergency Arbitrator shall determine the protective preliminary
order application within 24 hours after its appointment.
28. The order of the Emergency Arbitrator in respect of the protective
preliminary order application shall be delivered by the Emergency
Arbitrator to the SIAC Secretariat. The SIAC Secretariat shall transmit
the Emergency Arbitrator’s order to all parties to the arbitration.70
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29. The applicant shall promptly and, in any event, within 12 hours of the
transmission by the SIAC Secretariat of the Emergency Arbitrator’s
order in respect of the protective preliminary order application,
deliver a copy of all the case papers led in the arbitration, the
Emergency Arbitrator’s order, and all other communications,
including the content of any oral communication at any hearing,
between the applicant and the Emergency Arbitrator, to all the
parties, and provide a statement to the Registrar and the Emergency
Arbitrator certifying that it has done so, or if not accomplished, an
explanation of the steps taken to do so.
30. Any preliminary order granted by the Emergency Arbitrator in
respect of the protective preliminary order application shall expire
3 days after the date on which it was issued if the applicant fails to
furnish the statement or explanation within such time as stipulated
under paragraph 29 of this Schedule 1.
31. The Emergency Arbitrator shall provide an opportunity to any party
against whom a protective preliminary order is directed to present its
case at the earliest practicable time.
32. The Emergency Arbitrator shall decide promptly on any objection to
the protective preliminary order.
33. A protective preliminary order shall expire 14 days after the date on
which it was issued by the Emergency Arbitrator. The Emergency
Arbitrator may, in accordance with the procedures in this Schedule
1, issue an order or award adopting or modifying the protective
preliminary order, or granting such other emergency interim relief
as appropriate, after all parties have been given an opportunity to
present their cases.
34. If the President rejects the request to appoint an Emergency
Arbitrator to consider a protective preliminary order application:
(a) such decision will be communicated to all parties by the SIAC
Secretariat; and
(b) the applicant shall promptly comply with paragraph 3(c) of
this Schedule 1.71
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The protective preliminary order application shall thereafter be
dealt with as an Application in accordance with this Schedule 1, and
the procedures set out in this Schedule 1 shall apply, save that the
timeline provided for in paragraph 7 shall run from the date of the
applicant’s compliance with paragraph 3(c) of this Schedule 1.
General Provisions
35. The Registrar may extend or abridge any period of time under this
Schedule 1.
36. These Rules shall apply as appropriate to any arbitration pursuant
to this Schedule 1, taking into account the inherent urgency of
emergency interim relief proceedings. The Emergency Arbitrator
may decide the manner in which this Schedule 1 shall apply as
appropriate, and except as otherwise provided under this these
Rules, the Emergency Arbitrator’s decision as to such matters is nal
and not subject to appeal, review, or recourse.72
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SCHEDULE 2. STREAMLINED PROCEDURE
Appointment of Sole Arbitrator
1. In all arbitrations conducted under this Schedule 2, a sole arbitrator
shall be appointed.
2. The parties may jointly nominate the sole arbitrator within 3 days
from the date of the SIAC’s Secretariat’s noti cation to the parties
under Rule 13.2 that the Streamlined Procedure shall apply to the
arbitration.
3. If the parties are not able to jointly nominate the sole arbitrator within
3 days from the date of the SIAC’s Secretariat’s noti cation to the
parties under Rule 13.2 that the Streamlined Procedure shall apply
to the arbitration, or if at any time a party so requests, the President
shall appoint the sole arbitrator as soon as practicable.
4. The duties of disclosure under Rule 20 shall apply, mutatis mutandis,
to the appointment of a sole arbitrator under this Schedule 2.
Challenge of Sole Arbitrator
5. A party who wishes to challenge an arbitrator appointed under
the Streamlined Procedure shall le a notice of challenge with the
Registrar:
(a) within 3 days from the date of receipt of the notice of
appointment of the arbitrator; or
(b) within 3 days from the date that the reasons speci ed in Rule
26.1 became known or should have reasonably been known
to that party.
6. If within 3 days after the date the notice of challenge is led, the
other party agrees to the challenge or the challenged arbitrator
voluntarily withdraws from of ce, the SIAC Court may direct that a
substitute arbitrator be appointed in accordance with Rule 30.1 and
Schedule 2. In neither case does this imply acceptance of the validity
of the grounds for the challenge.73
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7. The procedure for challenge and replacement of an arbitrator
provided in Rule 27, Rule 28, and Rule 30 shall apply, mutatis
mutandis, to a challenge to an arbitrator under this Schedule 2,
save that the SIAC Court may determine that no reasons are to be
provided for its decision on the challenge.
Conduct of Streamlined Proceedings
8. Within 5 days from the date of constitution of the Tribunal, the
Tribunal shall conduct a case management conference with the
parties to discuss the timetable for the conduct of the proceedings
including the determination of any interlocutory applications.
9. The Tribunal shall have the power to conduct the streamlined
proceedings in such manner as the Tribunal considers appropriate,
taking into account the timelines under the Streamlined Procedure.
10. In exercising its procedural discretion under this Schedule 2, the
Tribunal may set a time limit on the expiry of which the parties shall
not be entitled to le any interlocutory applications without leave of
the Tribunal.
11. Unless the Tribunal determines otherwise, after considering the views
of the parties:
(a) the arbitration shall be decided on the basis of written
submissions and any accompanying documentary evidence;
(b) no party shall be entitled to make requests for document
production; and
(c) no party shall be entitled to le any fact or expert witness
evidence.
12. No hearing shall be conducted unless the Tribunal determines that a
hearing is necessary under the circumstances or a party requests a
hearing and the Tribunal accepts the request. Any such hearing shall
be conducted by videoconference, teleconference, or any other form
of electronic communication unless the parties agree or the Tribunal
determines that it is appropriate to conduct an in-person or hybrid
hearing.74
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Award
13. The Tribunal shall state the reasons upon which any award is based in
summary form, unless the Parties have agreed that no reasons are to
be given.
14. The provisions of Rule 53 shall apply to an arbitration conducted
under this Schedule 2 subject to such modi cations to the timelines
prescribed under that provision as may be directed by the Registrar.
15. The nal award shall be made within 3 months from the date of
constitution of the Tribunal, unless the Registrar extends the time for
making such nal award.
Costs
16. The Tribunal’s fees and SIAC’s fees shall not exceed 50 percent of the
maximum limits based on the amount in dispute in accordance with
the Schedule of Fees, unless the Registrar determines otherwise.
General Provisions
17. The parties shall be deemed to have agreed that, where the arbitration
is conducted in accordance with the Streamlined Procedure, the rules
and procedures set out in Rule 13 and Schedule 2 shall apply and take
precedence over any inconsistent or contrary terms in the arbitration
agreement including a term providing for the appointment of a
Tribunal comprising more than one arbitrator.
18. Any application under Rule 46 or Rule 47 shall not be allowed in an
arbitration conducted under the Streamlined Procedure.
19. The Registrar may extend or abridge any time limits under this
Schedule 2.
20. The Tribunal may, in consultation with the parties, and with the
approval of the Registrar, order that the arbitration shall no longer
be conducted in accordance with the Streamlined Procedure.
Notwithstanding such an order by the Tribunal, the arbitration shall
continue to be conducted by the same Tribunal that was constituted
to conduct the arbitration in accordance with the Streamlined
Procedure.75
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21. These Rules shall apply as appropriate to any arbitration pursuant
to this Schedule 2, taking into account the streamlined nature of
the proceedings. The Tribunal may decide the manner in which this
Schedule 2 shall apply as appropriate, and the Tribunal’s decision as
to such matters is nal and not subject to appeal, review, or recourse.76
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SCHEDULE 3. EXPEDITED PROCEDURE
Appointment of Tribunal
1. In all arbitrations conducted under this Schedule 3, a sole arbitrator
shall be appointed unless the President determines otherwise.
2. The Tribunal shall be constituted in accordance with the appointment
provisions under these Rules which shall apply as appropriate.
Conduct of Proceedings
3. In an arbitration conducted under this Schedule 3:
(a) the dispute shall be decided on the basis of written
submissions and any accompanying documentary evidence,
unless any party requests a hearing or the Tribunal decides
that a hearing would be appropriate;
(b) the Tribunal shall hold any hearing by videoconference,
teleconference, or any other form of electronic communication
unless the parties agree or the Tribunal determines that it is
appropriate to conduct an in-person or hybrid hearing;
(c) the Tribunal shall have the power to adopt any procedural
mechanisms as it considers appropriate taking into account
the timelines under the Expedited Procedure; and
(d) the Tribunal may, after considering the views of the parties,
decide not to allow requests for document production or to
limit the number, length, and scope, of written submissions
and written witness evidence.
Award
4. The Tribunal shall state the reasons upon which any award is based in
summary form, unless the Parties have agreed that no reasons are to
be given.77
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5. The provisions of Rule 53 shall apply to an arbitration conducted
under this Schedule 3 subject to such modi cations to the timelines
prescribed under that provision as may be directed by the Registrar.
6. The nal award shall be made within 6 months from the date of
constitution of the Tribunal, unless the Registrar extends the time for
making such nal award.
General Provisions
7. The parties shall be deemed to have agreed that, where an arbitration
is conducted in accordance with the Expedited Procedure, the rules
and procedures set out in Rule 14 and Schedule 3 shall apply and take
precedence over any inconsistent or contrary terms in the arbitration
agreement including a term providing for the appointment of a
Tribunal comprising more than one arbitrator.
8. The Tribunal may, in consultation with the parties and the Registrar,
order that the arbitration shall no longer be conducted in accordance
with the Expedited Procedure. Notwithstanding such an order by the
Tribunal, the arbitration shall continue to be conducted by the same
Tribunal that was constituted to conduct the arbitration in accordance
with the Expedited Procedure.
9. The Registrar may extend or abridge any time limits under this
Schedule 3.
10. These Rules shall apply as appropriate to any arbitration pursuant
to this Schedule 3, taking into account the expedited nature of the
proceedings. The Tribunal may decide the manner in which this
Schedule 3 shall apply as appropriate, and the Tribunal’s decision as
to such matters is nal and not subject to appeal, review, or recourse.78
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Schedule of Fees
This Schedule of Fees is effective as of 1 January 2025 and is applicable to all
arbitrations commenced on or after 1 January 2025.
All sums stated are in Singapore dollars.
Case Filing Fee (Non-refundable)
A ling fee is applicable to all arbitrations administered by SIAC.
Singapore Parties
S$3,270*
Overseas Parties
S$3,000
* Fee includes 9% GST.
Administration Fees
The administration fees calculated in accordance with the Schedule below
apply to all arbitrations administered by SIAC and is the maximum amount
payable to SIAC.
Sum in Dispute (S$)
Administration Fees (S$)
Up to 100,000 5,000
100,001 to 500,000
5,000 + 1.250% excess over 100,000
500,001 to 1,000,000 10,000 + 1.000% excess over 500,000
1,000,001 to 2,000,000
15,000 + 0.900% excess over
1,000,000
2,000,001 to 5,000,000
24,000 + 0.400% excess over
2,000,000
5,000,001 to 10,000,000
36,000 + 0.240% excess over
5,000,000
10,000,001 to 50,000,000
48,000 + 0.080% excess over
10,000,00079
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Sum in Dispute (S$)
Administration Fees (S$)
50,000,001 to 100,000,000
80,000 + 0.036% excess over
50,000,000
100,000,001 to 250,000,000
98,000 + 0.008% excess over
100,000,000
250,000,001 to 500,000,000
110,000 + 0.008% excess over
250,000,000
500,000,001 to
1,000,000,000
130,000 + 0.004% excess over
500,000,000
Above 1,000,000,000 150,000
SIAC will charge a minimum administration fee of S$5,000 in regular cases;
and S$2,500 in streamlined cases, unless the Registrar otherwise determines.
The administration fees do not include the following:
• Fees and expenses of the Tribunal
• Usage cost of facilities and support services for and in connection with
any hearing (e.g., hearing rooms and equipment, transcription and
interpretation services etc)
• SIAC’s administrative expenses
• 9% GST as may be applicable
• Fees and expenses of an emergency arbitrator
• Fees and expenses of a tribunal secretary
Arbitrator’s Fees
For arbitrations administered by SIAC, the fee calculated in accordance with
the Schedule below is the maximum amount payable to each arbitrator.
Sum in Dispute (S$)
Arbitrator’s Fees (S$)
Up to 50,000
5,000
50,001 to 100,000 10,000
100,001 to 500,000
10,000 + 6.250% excess over 100,000
500,001 to 1,000,000
35,000 + 5.000% excess over
500,00080
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Sum in Dispute (S$)
Arbitrator’s Fees (S$)
1,000,001 to 2,000,000
60,000 + 2.500% excess over
1,000,000
2,000,001 to 5,000,000
85,000 + 1.500% excess over
2,000,000
5,000,001 to 10,000,000
130,000 + 0.800% excess over
5,000,000
10,000,001 to 50,000,000
170,000 + 0.300% excess over
10,000,000
50,000,001 to 80,000,000
290,000 + 0.150% excess over
50,000,000
80,000,001 to 100,000,000
365,000 + 0.070% excess over
100,000,000
100,000,001 to 500,000,000
470,000 + 0.060% excess over
250,000,000
500,000,001 to
1,000,000,000
620,000 + 0.040% excess over
500,000,000
Above 1,000,000,000
820,000 + 0.040% excess over
1,000,000,000 up to a maximum of
2,000,000
The above Arbitrator’s Fees do not include 9% GST or its equivalent in the
relevant jurisdiction, as may be applicable. Subject to the application of
any applicable Double Taxation Agreement, withholding tax will apply to
income derived by non-resident arbitrators from arbitration work carried out
in Singapore beginning from 1 April 2023.
EA Filing Fee
The following fees shall be payable for an application for emergency interim
relief under Rule 12.1 and Schedule 1 of the SIAC Rules 2025. An application
under Rule 12.1 and Schedule 1 must be accompanied by a payment of:81
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
1. Administration Fee for Emergency Arbitrator Applications
(Non-Refundable):
Singapore Parties
S$5,450*
Overseas Parties
S$5,000
* Fee includes 9% GST.
2. Emergency Arbitrator’s Fees and Deposits: The deposit towards the
Emergency Arbitrator’s fees and expenses shall be xed at S$30,000,
unless the Registrar determines otherwise pursuant to Schedule 1 to the
SIAC Rules. The Emergency Arbitrator’s fees shall be xed at S$25,000,
unless the Registrar determines otherwise pursuant to Schedule 1 of the
SIAC Rules.
Challenge Filing Fee (Non-Refundable)
A party submitting a notice of challenge in cases administered by SIAC shall
make payment of the following Challenge Filing Fee:
Challenge Filing Fee (Non-Refundable):
Singapore Parties
S$10,900*
Overseas Parties
S$10,000
* Fee includes 9% GST.
Joinder Filing Fee (Non-Refundable)
A party submitting an application for joinder under Rule 18.1 of the SIAC
Rules 2025 shall make payment of the following Joinder Filing Fee:
Joinder Filing Fee (Non-Refundable):
Singapore Parties
S$5,450*
Overseas Parties
S$5,000
* Fee includes 9% GST.82
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SIAC Rules (7th Edition, 1 January 2025)
Other Fees
Arb-Med-Arb Fees
Arb-Med-Arb
Singapore Parties
SIAC S$3,270* + SIMC S$1,000
= S$4,270
Overseas Parties
SIAC S$3,000 + SIMC S$1,000
= S$4,000
* SIAC Fee includes 9% GST.
Appointment Fees (Non-Refundable)
The appointment fee is payable where a request for appointment of
arbitrator(s) is made in an ad hoc case. The fee is payable by the party
requesting the appointment. A request for appointment must be
accompanied by payment of the appointment fee prescribed below.
1 arbitrator 2 arbitrators 3 arbitrators
Singapore Parties
S$5,450*
S$8,720*
S$10,900*
Overseas Parties
S$5,000
S$8,000
S$10,000
* Fees include 9% GST.
Authentication & Certi cation Service
SIAC’s charges for the authentication and certi cation of arbitration awards
made in Singapore, or arbitration agreements, are as follows (w.e.f 1 Jan
2025):
Authentication /
Certi cationFee
S$250.00 (for each authenticated/
certi ed copy)
Incidentals
S$25.23
9% GST
S$24.77
Total
S$300.0083
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Assessment or Taxation Fees
Under the Singapore International Arbitration Act 1994 (“IAA”), the
Registrar of the Court of Arbitration of SIAC (“Registrar”) is the statutory
taxation authority. Pursuant to Article 21 of the IAA, “[a]ny costs directed
by an award to be paid are, unless the award otherwise directs, assessable
by the [Registrar]”. The process is sometimes called “taxation” of costs.
As a general practice, SIAC encourages the Tribunal to specify in an award
and the dispositif, the total amount awarded or apportioned in respect of
the costs of arbitration and the parties’ legal and other costs, and provide
reasons in the award for the awarding or apportionment of these amounts
to / among the parties. However, if the Tribunal does not assess or apportion
the costs in an award, and the parties fail to reach an agreement on the
amount to be borne by each party, the Registrar may be requested to assess
the amount for the parties pursuant to Article 21 of the IAA.
The party that requires the Registrar’s taxation services pays a fee according
to the amount of costs claimed in accordance with the table below:
Amount of Costs
Claimed (S$)
Assessment or Taxation Fee (S$)
Up to 50,000
5,000
50,001 – 100,000
5,000 + 2% of excess over 50,000
100,001 – 250,000
6,000 + 1.5% of excess over 100,000
250,001 – 500,000
8,250 + 1% of excess over 250,000
500,001 – 1,000,000
10,750 + 0.5% of excess over 500,000
Above 1,000,000
13,250 + 0.25% of excess over 1,000,000
Maximum
25,000
The fee is payable at the time of request for taxation or assessment.
The above fees do not include 9% GST as may be applicable.
The above schedule of assessment or taxation fees is effective as of 1
January 2025.84
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
Payment Information
Payments may be made by a local cheque from a Singapore bank payable
to “Singapore International Arbitration Centre” or by bank transfer
to our bank account. Please note that cheques from overseas banks will
not be accepted. For bank details, please contact us at +65 6713 9777 or
casemanagement@siac.org.sg.
All cheques should be sent directly to:
Singapore International Arbitration Centre
28 Maxwell Road #03-01
Maxwell Chambers Suites
Singapore 069120
Attn: Accounts Department (Please indicate party name/case reference
number if available at the back of the cheque)85
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
SIAC-SIMC Arb-Med-Arb Protocol (“AMA Protocol”)
(As of 5 November 2014)
1. This AMA Protocol shall apply to all disputes submitted to the Singapore
International Arbitration Centre (“SIAC”) for resolution under the
Singapore Arb-Med-Arb Clause or other similar clause (“AMA Clause”)
and/or any dispute which parties have agreed to submit for resolution
under this AMA Protocol. Under the AMA Protocol, parties agree that
any dispute settled in the course of the mediation at the Singapore
International Mediation Centre (“SIMC”) shall fall within the scope of
their arbitration agreement.
2. A party wishing to commence an arbitration under the AMA Clause
shall le with the Registrar of SIAC a notice of arbitration in accordance
with the arbitration rules applicable to the arbitration proceedings
(“Arbitration Rules”), which Arbitration Rules shall be either: (i) the
Arbitration Rules of the SIAC (as may be revised from time to time); or
(ii) the UNCITRAL Arbitration Rules (as may be revised from time to time)
where parties have agreed that SIAC shall administer such arbitration.
3. The Registrar of SIAC will inform SIMC of the arbitration commenced
pursuant to an AMA Clause within 4 working days from the
commencement of the arbitration, or within 4 working days from the
agreement of the parties to refer their dispute to mediation under the
AMA Protocol. SIAC will send to SIMC a copy of the notice of arbitration.
4. The Tribunal shall be constituted by SIAC in accordance with the
Arbitration Rules and/or the parties’ arbitration agreement.
5. The Tribunal shall, after the exchange of the Notice of Arbitration and
Response to the Notice of Arbitration, stay the arbitration and inform
the Registrar of SIAC that the case can be submitted for mediation at
SIMC. The Registrar of SIAC will send the case le with all documents
lodged by the parties to SIMC for mediation at SIMC.
Upon SIMC’s receipt of the case le, SIMC will inform the Registrar of
SIAC of the commencement of mediation at SIMC (the “Mediation
Commencement Date”) pursuant to the SIMC Mediation Rules. All
subsequent steps in the arbitration shall be stayed pending the outcome
of mediation at SIMC.86
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
6. The mediation conducted under the auspices of SIMC shall be
completed within 8 weeks from the Mediation Commencement Date,
unless, the Registrar of SIAC in consultation with the SIMC extends the
time. For the purposes of calculating any time period in the arbitration
proceeding, the time period will stop running at the Mediation
Commencement Date and resume upon noti cation of the Registrar of
SIAC to the Tribunal of the termination of the mediation proceeding.
7. At the termination of the 8-week period (unless the deadline is extended
by the Registrar of SIAC) or in the event the dispute cannot be settled by
mediation either partially or entirely at any time prior to the expiration
of the 8-week period, SIMC shall promptly inform the Registrar of SIAC
of the outcome of the mediation, if any.
8. In the event that the dispute has not been settled by mediation either
partially or entirely, the Registrar of SIAC will inform the Tribunal that
the arbitration proceeding shall resume. Upon the date of the Registrar’s
noti cation to the Tribunal, the arbitration proceeding in respect of
the dispute or remaining part of the dispute (as the case may be) shall
resume in accordance with the Arbitration Rules.
9. In the event of a settlement of the dispute by mediation between
the parties, SIMC shall inform the Registrar of SIAC that a settlement
has been reached. If the parties request the Tribunal to record their
settlement in the form of a consent award, the parties or the Registrar
of the SIAC shall refer the settlement agreement to the Tribunal and
the Tribunal may render a consent award on the terms agreed to by the
parties.
Financial Matters
10. Parties shall pay a non-refundable case ling fee as set out in Appendix
B of the SIMC Mediation Rules to SIAC for all cases under this AMA
Protocol.
11. Where a case is commenced pursuant to the AMA Clause and where
parties have agreed to submit their dispute for resolution under the
AMA Protocol before the commencement of arbitration proceedings,
this ling fee is payable to SIAC upon the ling of the notice of
arbitration. Otherwise, the portion of the ling fee remaining unpaid in
respect of the mediation shall be payable to SIAC upon the submission
of the case for mediation at SIMC.87
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
12. Parties shall also pay to SIAC, upon request, an advance on the
estimated costs of the arbitration (“Arbitration Advance”) as well
as administrative fees and expenses for the mediation (“Mediation
Advance”) in accordance with SIAC and SIMC’s respective Schedule of
Fees (collectively “the Deposits”). The quantum of the Deposits will be
determined by the Registrar of SIAC in consultation with SIMC.
13. Where a case is commenced pursuant to the AMA Clause and where
parties have agreed to submit their dispute for resolution under the
AMA Protocol before the commencement of arbitration proceedings,
the Mediation Advance shall be paid with the Arbitration Advance
requested by SIAC. Otherwise, the Mediation Advance shall be paid
upon the submission of the case for mediation at SIMC.
14. Without prejudice to the Arbitration Rules, any party is free to pay the
Deposits of the other party, should the other party fail to pay its share.
The Registrar of SIAC shall inform SIMC if the Deposits remain wholly or
partially unpaid.
15. SIAC is authorised to make payment of the Mediation Advance to SIMC
from the Deposits or the Arbitration Advance held by SIAC without
further reference to the parties.88
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
SIAC Model Clauses
(Revised as of 9 December 2024)
1. SIAC Model Clause
We recommend that parties include the following arbitration agreement in
their contracts:
Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall be
referred to and nally resolved by arbitration administered by the
Singapore International Arbitration Centre (“SIAC”) in accordance with
the Arbitration Rules of the Singapore International Arbitration Centre
(“SIAC Rules”) for the time being in force, which rules are deemed to be
incorporated by reference in this clause.
The seat of the arbitration shall be [Singapore].*
The Tribunal shall consist of _________________ arbitrator(s).^
The language of the arbitration shall be ________________.
The law governing this arbitration agreement shall be _________. #
[In respect of any court proceedings in Singapore commenced under
the International Arbitration Act 1994 in relation to the arbitration, the
parties agree (a) to commence such proceedings before the Singapore
International Commercial Court (“the SICC”); and (b) in any event, that
such proceedings shall be heard and adjudicated by the SICC.] **
Parties should also include an applicable law clause. The following language
is recommended:
APPLICABLE LAW
This contract is governed by the laws of _________________. ^^
_____________________________________________89
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
* Parties should specify the seat of arbitration of their choice. If the parties
wish to select an alternative seat to Singapore, please replace “[Singapore]”
with the city and country of choice (e.g., “[City, Country]”).
^ State an odd number. Either state one, or state three.
# State the country or jurisdiction. We recommend that parties agree on
the law governing the arbitration agreement. This law potentially governs
matters including the formation, existence, enforceability, legality, scope,
and validity of the arbitration agreement, and the arbitrability of disputes
arising from it.
** Parties may wish to agree to the supervisory jurisdiction of the Singapore
International Commercial Court (SICC) for international commercial
arbitrations where Singapore is chosen as the seat of arbitration.
^^ State the country or jurisdiction.90
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
2. SIAC UNCITRAL Rules Model Clause
Where parties intend for SIAC to administer an arbitration governed by the
UNCITRAL Arbitration Rules, we recommend that they include the following
arbitration agreement in their contracts:
Any dispute, controversy or claim arising out of or relating to this
contract, or the breach, termination or invalidity thereof, shall be
settled by arbitration in accordance with the UNCITRAL Arbitration
Rules for the time being in force.
The arbitration shall be administered by the Singapore International
Arbitration Centre (“SIAC”) in accordance with its Practice Note on
UNCITRAL cases.
The appointing authority shall be the President or Vice-President of the
SIAC Court of Arbitration.
The seat of the arbitration shall be [Singapore]. *
The number of arbitrators shall be _________________. ^
The language to be used in the arbitral proceedings shall be
________________.
The law governing this arbitration agreement shall be _________. #
[The parties hereby waive their right to any form of recourse against an
award to any court or other competent authority, insofar as such waiver
can validly be made under the applicable law.] **
[In respect of any court proceedings in Singapore commenced under
the International Arbitration Act 1994 in relation to the arbitration, the
parties agree (a) to commence such proceedings before the Singapore
International Commercial Court (“the SICC”); and (b) in any event, that
such proceedings shall be heard and adjudicated by the SICC.] ^^
_____________________________________________91
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
* Parties should specify the seat of arbitration of their choice. If the parties
wish to select an alternative seat to Singapore, please replace “[Singapore]”
with the city and country of choice (e.g., “[City, Country]”).
^ State an odd number, such as one or three.
# State the country or jurisdiction. We recommend that parties agree on
the law governing the arbitration agreement. This law potentially governs
matters including the formation, existence, enforceability, legality, scope,
and validity of the arbitration agreement, and the arbitrability of disputes
arising from it.
** If the parties wish to exclude recourse against the arbitral award that
may be available under the applicable law, they may consider adding this
provision to that effect, considering, however, that the effectiveness and
conditions of such an exclusion depend on the applicable law.
^^ Parties may wish to agree to the supervisory jurisdiction of the Singapore
International Commercial Court (SICC) for international commercial
arbitrations where Singapore is chosen as the seat of arbitration.92
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
3. SIAC Expedited Procedure Model Clause
Where parties intend for the application of the SIAC Expedited Procedure
to an arbitration arising from their contract, we recommend that parties
include the following arbitration agreement in their contract:
Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall be
referred to and nally resolved by arbitration administered by the
Singapore International Arbitration Centre (“SIAC”) in accordance with
the Arbitration Rules of the Singapore International Arbitration Centre
(“SIAC Rules”) for the time being in force, which rules are deemed to be
incorporated by reference in this clause.
The parties agree that any arbitration commenced pursuant to this
clause shall be conducted in accordance with the Expedited Procedure
under Rule 14.1 and Schedule 3 of the SIAC Rules.
The seat of the arbitration shall be [Singapore].*
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be ________________.
The law governing this arbitration agreement shall be _________. ^
[In respect of any court proceedings in Singapore commenced under
the International Arbitration Act 1994 in relation to the arbitration, the
parties agree (a) to commence such proceedings before the Singapore
International Commercial Court (“the SICC”); and (b) in any event, that
such proceedings shall be heard and adjudicated by the SICC.] #
Parties should also include an applicable law clause. The following language
is recommended:
APPLICABLE LAW
This contract is governed by the laws of _________________. **
_____________________________________________93
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
* Parties should specify the seat of arbitration of their choice. If the parties
wish to select an alternative seat to Singapore, please replace “[Singapore]”
with the city and country of choice (e.g., “[City, Country]”).
^ State the country or jurisdiction. We recommend that parties agree on
the law governing the arbitration agreement. This law potentially governs
matters including the formation, existence, enforceability, legality, scope,
and validity of the arbitration agreement, and the arbitrability of disputes
arising from it.
# Parties may wish to agree to the supervisory jurisdiction of the Singapore
International Commercial Court (SICC) for international commercial
arbitrations where Singapore is chosen as the seat of arbitration.
** State the country or jurisdiction.94
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
4. SIAC Streamlined Procedure Model Clause
Where parties intend for the application of the SIAC Streamlined Procedure
to an arbitration arising from their contract, we recommend that parties
include the following arbitration agreement in their contract:
Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall be
referred to and nally resolved by arbitration administered by the
Singapore International Arbitration Centre (“SIAC”) in accordance with
the Arbitration Rules of the Singapore International Arbitration Centre
(“SIAC Rules”) for the time being in force, which rules are deemed to be
incorporated by reference in this clause.
The parties agree that any arbitration commenced pursuant to this
clause shall be conducted in accordance with the Streamlined Procedure
under Rule 13.1 and Schedule 2 of the SIAC Rules.
The seat of the arbitration shall be [Singapore].*
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be ________________.
The law governing this arbitration agreement shall be _________. ^
[In respect of any court proceedings in Singapore commenced under
the International Arbitration Act 1994 in relation to the arbitration, the
parties agree (a) to commence such proceedings before the Singapore
International Commercial Court (“the SICC”); and (b) in any event, that
such proceedings shall be heard and adjudicated by the SICC.] #
Parties should also include an applicable law clause. The following language
is recommended:
APPLICABLE LAW
This contract is governed by the laws of _________________. **
_____________________________________________95
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
* Parties should specify the seat of arbitration of their choice. If the parties
wish to select an alternative seat to Singapore, please replace “[Singapore]”
with the city and country of choice (e.g., “[City, Country]”).
^ State the country or jurisdiction. We recommend that parties agree on
the law governing the arbitration agreement. This law potentially governs
matters including the formation, existence, enforceability, legality, scope,
and validity of the arbitration agreement, and the arbitrability of disputes
arising from it.
# Parties may wish to agree to the supervisory jurisdiction of the Singapore
International Commercial Court (SICC) for international commercial
arbitrations where Singapore is chosen as the seat of arbitration.
** State the country or jurisdiction.96
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
5. SIAC-SIMC Arb-Med-Arb Model Clause (“Arb-Med-Arb Clause”)
Arb-Med-Arb is a process where a dispute is rst referred to arbitration
before mediation is attempted. If parties are able to settle their dispute
through mediation, their mediated settlement may be recorded as a consent
award. The consent award is generally accepted as an arbitral award, and,
subject to any local legislation and/or requirements, is generally enforceable
in over 170 countries under the New York Convention. If parties are unable
to settle their dispute through mediation, they may continue with the
arbitration proceedings.
Parties wishing to utilise this tiered dispute resolution mechanism as
administered by SIAC and the Singapore International Mediation Centre
(“SIMC”), may consider incorporating the following Arb-Med-Arb Clause
in their contracts:
Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall be
referred to and nally resolved by arbitration administered by the
Singapore International Arbitration Centre (“SIAC”) in accordance with
the Arbitration Rules of the Singapore International Arbitration Centre
(“SIAC Rules”) for the time being in force, which rules are deemed to be
incorporated by reference in this clause.
The seat of the arbitration shall be [Singapore]. *
The Tribunal shall consist of _________________^ arbitrator(s).
The language of the arbitration shall be ________________.
The law governing this arbitration agreement shall be _________. #
The parties further agree that following the commencement of
arbitration, they will attempt in good faith to resolve the Dispute
through mediation at the Singapore International Mediation Centre
(“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for
the time being in force. Any settlement reached in the course of the
mediation shall be referred to the arbitral tribunal appointed by SIAC
and may be made a consent award on agreed terms.97
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
[In respect of any court proceedings in Singapore commenced under
the International Arbitration Act 1994 in relation to the arbitration, the
parties agree (a) to commence such proceedings before the Singapore
International Commercial Court (“the SICC”); and (b) in any event, that
such proceedings shall be heard and adjudicated by the SICC.] **
_____________________________________________
* Parties should specify the seat of arbitration of their choice. If the parties
wish to select an alternative seat to Singapore, please replace “[Singapore]”
with the city and country of choice (e.g., “[City, Country]”).
^ State an odd number. Either state one, or state three.
# State the country or jurisdiction. We recommend that parties agree on
the law governing the arbitration agreement. This law potentially governs
matters including the formation, existence, enforceability, legality, scope,
and validity of the arbitration agreement, and the arbitrability of disputes
arising from it.
** Parties may wish to agree to the supervisory jurisdiction of the Singapore
International Commercial Court (SICC) for international commercial
arbitrations where Singapore is chosen as the seat of arbitration.98
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
6. SIAC FedArb Model Clause
Any dispute arising out of or in connection with this contract, including any
question regarding its existence, validity or termination, shall be referred
to and nally resolved by arbitration administered by the Singapore
International Arbitration Centre (“SIAC”) in accordance with the Arbitration
Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for
the time being in force, which rules are deemed to be incorporated by
reference in this clause.
The seat of the arbitration shall be Palo Alto, California.
The Tribunal shall consist of _________________* arbitrator(s). The
arbitrator(s) shall be selected from the FedArb IP Panel of Arbitrators and/or
SIAC IP Panel of Arbitrators.
The language of the arbitration shall be ________________.
The law governing this arbitration agreement shall be _________. ^
This contract is governed by the laws of _______________#
_____________________________________________
* State an odd number. Either state one, or state three.
^ State the country or jurisdiction. We recommend that parties agree on
the law governing the arbitration agreement. This law potentially governs
matters including the formation, existence, enforceability, legality, scope,
and validity of the arbitration agreement, and the arbitrability of disputes
arising from it.
# State the country or jurisdiction.99
Arbitration Rules of the Singapore International Arbitration Centre
SIAC Rules (7th Edition, 1 January 2025)
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