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Revised SIAC Rules to enter into force on 1 January 2025

16.12.2024

On 9 December 2024, the Singapore International Arbitration Centre (SIAC) announced the official release of the 7th edition of the Arbitration Rules of the Singapore International Arbitration Centre (“2025 SIAC Rules” or “Rules”), which will come into force on 1 January 2025.

The 2025 SIAC Rules are the result of extensive public consultation with SIAC users and other stakeholders.

1. Streamlined Procedure

The Rules introduce a new Streamlined Procedure (Rule 13, Schedule 2), which is designed for low value disputes. It applies if the parties have agreed to its application at any time prior to the constitution of the Tribunal, or if the amount in dispute does not exceed SGD 1 million, unless the President of the SIAC Court determines upon application of a party that it shall not apply.

The Streamlined Procedure requires an award to be made within 3 months from the date of the constitution of the Tribunal and comes at a reduced cost to the Parties.

With the introduction of the Streamlined Procedure, the threshold for a party to request the application of the Expedited Procedure has been raised to an amount in dispute of more than SGD 1 million but not exceeding SGD 10 million. The parties may also agree to the Expedited Procedure at any time prior to the constitution of the Tribunal.

2. Preliminary Determination

Pursuant to new Rule 46, a party may apply for a final and binding preliminary determination of any issue that arises for determination (i) where the parties agree, (ii) the applicant is able to demonstrate that the determination of the issue on a preliminary basis would save time and costs, or (iii) where the circumstances of the case otherwise warrant the determination of the issue on a preliminary basis.

If the tribunal accepts an application for preliminary determination, it must render its decision, ruling, order, or award on the issue within 90 days from the date of the application.

3. Enhancements to the Emergency Arbitrator procedure and introduction of the possibility to apply for a protective preliminary order

The 2025 SIAC Rules improve the ability of parties to seek and obtain urgent interim and conservatory measures. Applicants may now request the appointment of an Emergency Arbitrator prior to the filing of the Notice of Arbitration (Schedule 1 Article 2(a)). In that case, the Notice must be filed within 7 days.

In line with the practice of other institutions, parties will also have the option of filing an application for a preliminary order directing a party not to frustrate the purpose of the requested emergency interim or conservatory measure prior to notifying the other party (Schedule 1 Article 25). The Emergency Arbitrator is required to determine the request for a protective preliminary order within 24 hours of its appointment.

4. Coordinated Proceedings

New Rule 17 introduces a mechanism for the coordinated resolution of multiple arbitrations 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.

Pursuant to Rule 17, a party may request that the multiple arbitrations shall be conducted concurrently or sequentially, that the arbitrations shall be heard together and any procedural aspects be aligned, or that any of the arbitrations shall be suspended pending a determination of any of the other arbitrations.

5. Provisions in respect of third-party funding arrangements

New Rule 38 requires parties to disclose the existence of any third-party funding agreement and the identity and contact details of the third-party funder in the Notice or Response, or as soon as practicable upon concluding a third-party funding agreement.

Rule 38 empowers the Tribunal to order such disclosure and to consider any third-party funding agreement in apportioning costs. After the constitution of the Tribunal, a party shall not enter into a third-party funding agreement which may give rise to a conflict of interest with any member of the Tribunal, otherwise, the Tribunal may direct the party to withdraw form the third-party funding agreement.

Together with the SIAC Rules 2025, SIAC's revised Schedule of Fees will come into force on 1 January 2025.

If you require advice on the 2025 SIAC Rules and how they may affect a future arbitration, please reach out to the undersigned or your regular contact at Schellenberg Wittmer.

 

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