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Clifford Chance

Clifford Chance
International Arbitration Insights<br />

International Arbitration Insights

SIAC releases the SIAC Rules 2025

The Singapore International Arbitration Centre (SIAC) has released the 7th Edition of the SIAC Rules (SIAC Rules 2025), which will come into force on 1 January 2025. The new Rules look set to cement SIAC's position as a dynamic and innovative arbitral institution.

Following an extensive public consultation, the SIAC Rules 2025 have largely – with some adjustments – incorporated the amendments which were proposed in the public consultation draft which it had issued in August 2023 (discussed in our previous briefing).

The SIAC Rules 2025 are a significant overhaul of the SIAC Rules 2016. As well as a considerable number of entirely new provisions (increasing the total number of Rules from 41 to 65), many of the Rules have been redrafted to provide greater clarity and to fit within an overall structure which better reflects the chronology of a typical SIAC arbitration.

Key features of the SIAC Rules 2025

Some of the key new procedural amendments include:

Commencement of arbitration and constitution of the Tribunal

The requirement for the parties to nominate an arbitrator or make a proposal for a sole arbitrator in the Notice of Arbitration and the Response has been removed. Instead, the parties shall provide "any comment as to… the number of arbitrators and procedure for the constitution of the Tribunal" (Rules 6.3(g), 7.1(f)). In line with this, the Rules now also provide that where a sole arbitrator is to be appointed, the parties may jointly nominate the sole arbitrator within 21 days from the date of commencement (Rule 21.1). While provisions on the use of a list procedure and simultaneous nomination of party-appointed arbitrators on three-member tribunals floated in the public consultation were not ultimately included, the changes nonetheless appear designed to encourage a more balanced and collaborative approach to the constitution of the Tribunal.

Streamlined Procedure

A new "Streamlined Procedure" is introduced to provide a swift and low-cost method of dispute resolution for low-value and straightforward disputes. The Streamlined Procedure may apply by application of a party where the amount in dispute does not exceed S$1 million (Rule 13). Arbitrations under the Streamlined Procedure are heard by a sole arbitrator and unless the Tribunal decides otherwise, the arbitration shall be decided on the basis of written submissions, there shall be no document production and no party shall be entitled to file any fact or expert witness evidence (Schedule 2, paras 1, 11). The final award shall be made within three months from the date of constitution of the Tribunal (Schedule 2, para 15). Fees under the Streamlined Procedure shall not exceed 50 per cent of the maximum amounts under the Schedule of Fees (Schedule 2, para 16).

The threshold for application of the Expedited Procedure, meanwhile, increases from S$6 million to S$10 million (Rule 14.2). The Expedited Procedure may now apply where "the circumstances of the case warrant the application of the Expedited Procedure" (Rules 14.2(c)). This means that parties may apply for the arbitration to be conducted under the Expedited Procedure even for higher value disputes which are nonetheless relatively straightforward and amenable to compressed timelines.

Emergency arbitration

An Emergency Arbitrator application may now be filed prior to the filing of the Notice of Arbitration, with the Notice to be filed within seven days (instead of concurrent with or following the Notice of Arbitration under the SIAC Rules 2016) (Schedule 1, para 2 and 6), enabling parties to make an Emergency Arbitrator application with greater urgency. Parties now also have the ability to seek protective preliminary orders directing a party not to frustrate the purpose of the emergency interim or conservatory measure requested, prior to notifying any counterparties of the application seeking the appointment of an Emergency Arbitrator.

Other new provisions

Other new features in the SIAC Rules 2025 include:

  • Coordinated proceedings – Two or more arbitrations may be "coordinated" (i.e. aligned procedurally but with the Tribunal issuing separate awards) in cases where a common question of law or fact arises (Rule 17).
  • SIAC Gateway – Provisions are introduced to integrate the use of SIAC Gateway, a new digital solution hosted by SIAC designed to provide a centralised case filing platform.
  • Administrative conference – The Registrar is empowered to conduct administrative conferences with the parties prior to the constitution of the Tribunal to discuss procedural or administrative directions (Rule 11).
  • Information security – The Tribunal is required to discuss any information security measures proposed by the parties and consider giving directions on reasonable cybersecurity measures to protect information shared in the proceedings (Rule 61).
  • Preliminary determination – A party may apply to the Tribunal for a preliminary determination of any issue on a preliminary basis (Rule 46), codifying a procedural device which is already available to parties and tribunals.
  • Tribunal Secretaries – New provisions regulate the appointment of Tribunal Secretaries. Agreement of the parties is no longer required, so that a Tribunal secretary may be appointed in cases with a non-participating respondent. (Rule 24).
  • Third-Party Funding – In line with widely adopted best practices, parties are required to disclose the existence of any third-party funding agreement and the identity of the third-party funder (Rule 38).
  • Security for costs and Security for claims: Express provision is made for applications for security for costs and security for claims (Rules 48 and 49).

There are also numerous other new provisions which deal with topics including the active promotion of mediation, party representation, sustainability and the publication of awards.

COMMENTS

The SIAC Rules 2025 reflect a commendably comprehensive review of the SIAC Rules 2016, introducing a number of new procedural tools as well as reflecting the latest developments in international arbitration best practices. The amendments should enable SIAC, disputing parties and the Tribunal to tailor arbitration proceedings better to the requirements of the particular dispute and deal with complex case administration scenarios more efficiently.

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