THE AUTHOR:
Sunita P. Advani, Arbitral Assistant to Mr Michael Lee of Twenty Essex
The 7th edition of the Singapore International Arbitration Centre (“SIAC”) Rules came into force on 1 January 2025 (“SIAC Rules 2025”), eight years after the last edition of the rules were released. The key procedural amendments are detailed below.
Streamlined Procedure
A new “Streamlined Procedure” has been introduced in Rule 13 of the SIAC Rules 2025 for the resolution of disputes of low value and complexity. This applies where:
- The parties have agreed to the application of the Streamlined Procedure prior to the constitution of the Tribunal, or
- The amount in dispute in the arbitration does not exceed S$1,000,000 prior to the constitution of the Tribunal, unless the President of the SIAC determines upon application of a party that the Streamlined Procedure shall not apply to the arbitration.
The Streamlined Procedure, set out in Schedule 2 of the SIAC Rules 2025, requires the tribunal to issue its final award within three months of being constituted, and caps the tribunal’s fees and the SIAC’s fees at 50% of the maximum limits under the Schedule of Fees. The Streamlined Procedure thereby promotes cost-effectiveness and expeditiousness.
Expedited Procedure
The monetary threshold for the Expedited Procedure has been increased from $6 million under the 6th edition of the SIAC Arbitration Rules (“SIAC Rules 2016”) to S$10 million under Rule 14 of the SIAC Rules 2025 as well as where “the circumstances of the case warrant” it (which is a higher standard than that stipulated in the SIAC Rules 2016 of “exceptional urgency”). Schedule 3 of the SIAC Rules details the Expedited Procedure and, in particular, now expressly provides that if any party requests for a hearing, then a hearing must be held. Under the Expedited Procedure, the tribunal must issue its final award within 6 months of its constitution, unless the Registrar extends the time for making such a final award.
Emergency Arbitration
The SIAC Rules 2025, and in particular at Rule 12 and Schedule 3, refines the emergency arbitration process by permitting parties to apply for emergency interim or conservatory relief prior to the filing of the Notice of Arbitration, provided that the party files its Notice of Arbitration within 7 days of applying for such relief. Further, emergency arbitrators now have the power to issue protective preliminary orders on an ex parte basis, the determination of which must take place within 24h of the emergency arbitrator being appointed.
Coordinated Arbitration Proceedings
Rule 17 of the SIAC Rules 2025 introduces provisions on coordinated proceedings. In particular, 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 coordination of the arbitrations. Such coordination could take the form of:
- Having the arbitrations conducted concurrently or sequentially,
- Having the arbitrations heard together and any procedural aspects shall be aligned, or
- Suspending any of the arbitrations pending a determination in any of the other arbitrations.
This provision would help mitigate complicated risks arising from the segmentation of disputes and increases procedural efficiency.
Constitution of the Tribunal
Rule 19.7 of the SIAC Rules 2025 requires the presiding arbitrator or sole arbitrator to be of a different nationality to the parties where the parties are of different nationalities. The only exceptions are where the parties agree otherwise or the President of the SIAC determines it to be appropriate otherwise.
Moreover, Rule 19.10 of the SIAC Rules 2025 provides that if the method of constitution of the tribunal set out in the arbitration agreement creates a substantial risk of unequal treatment that may risk affecting the validity or enforceability of the award, the President of the SIAC may, after considering the views of the parties, take any necessary measure to constitute an independent and impartial tribunal.
Additionally, Rule 19.6 of the SIAC Rules 2025 requires the President of the SIAC to consider whether the arbitrator has sufficient availability to conduct the arbitration in a prompt and efficient manner appropriate to the nature of the dispute.
Arbitrator Challenge
Rule 26 of the SIAC Rules 2025 provides an additional ground for the challenge of arbitrators, namely where the arbitrator becomes de jure or de facto unable to perform his or her functions. While the interpretation of this additional ground by the SIAC remains to be seen, it is anticipated that it may cover situations where an arbitrator is unable to fulfil his adjudicatory functions in a timely manner, for example due to illness, incapacity or scheduling conflicts.
Administrative Conference
Rule 11 of the SIAC Rules 2025 provides that 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, prior to the constitution of the Tribunal. It also states that the administrative conference may be held via video conference, teleconference or any other form of electronic communication.
Issues for Determination
Rule 34.1 of the SIAC Rules 2025 requires Tribunals to, 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. This rule would potentially assist in supporting the enforceability of awards, as an award that addresses and determines issues in such a procedural order would reduce the risk of a successful challenge due to lack of jurisdiction or breach of natural justice. As parties’ cases often evolve throughout the proceedings, this rule also acknowledges that the list of issues may need to be updated at various stages of the proceedings.
Preliminary Determination
Rule 46 of the SIAC Rules 2025 expressly confers on tribunals the power to issue a preliminary determination of any issue in dispute if:
- The parties agree that the Tribunal do so;
- 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; or
- The circumstances of the case otherwise warrant the determination of the issue on a preliminary basis.
Security for Costs and Security for Claims
Rule 27 of the SIAC Rules 2016 listed the additional powers of the Tribunal and empowered the Tribunal to order any party to provide security for legal or other costs in any manner the Tribunal thinks fit.
Rules 48 and 49 of the SIAC Rules 2025 comprise express provisions empowering the Tribunal to, upon application by a party, order either security for costs or security for claims. Security for claims is a provisional measure requiring a party responding to a claim, counterclaim, or cross-claim to provide financial security against the relevant claim prior to the issuance of the final award.
Other Forms of Alternative Dispute Resolution (“ADR”)
Rules 32.4 and 50.2 of the SIAC Rules 2025 expressly encourage, unlike the SIAC Rules 2016, the early settlement of disputes through amicable dispute resolution methods, such as mediation under the SIAC-SIMC Arbitration-Mediation-Arbitration Protocol. The Tribunal is advised to consult the parties about such potential for settlement in the first case management conference and may make any necessary directions in respect of the same, including a suspension of the proceedings.
Third Party Funding Disclosure
Rule 38 of the SIAC Rules 2025 introduces a new requirement for parties to disclose the existence of any third-party funding agreement and the identity and contact details of the third-party funder in its Notice of Arbitration or Response or as soon as practicable upon concluding a third-party funding agreement. The Tribunal is also empowered to order the disclosure 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. These codify existing best practices which enhance transparency.
Information Security
Rule 61 of the SIAC Rules 2025 permits the parties to propose and seek to agree on reasonable measures to protect the information that is shared, stored or processed in relation to the arbitration, after which the Tribunal is required to discuss the same at the first case management conference and any other appropriate stage of the proceedings. After considering the views of the parties, the Tribunal may give directions to the parties in relation to information security measures, taking into account the circumstances of the case and relevant best practices on information security, including cybersecurity and cyber resilience. The Tribunal is empowered to take appropriate measures against parties which fail to comply with the information security measures agreed by the parties and/or ordered by the Tribunal, including issuing an order or award for sanctions, damages or costs.
SIAC Gateway
The SIAC has introduced a new cloud-based case management system called the “SIAC Gateway”, developed in partnership with Opus 2 and offering e-filing , online payment, in-system document upload and storage as well as case management. The SIAC Gateway is incorporated in the SIAC Rules 2025 at Rules 4 and 6. In particular, Rule 6.1 of the SIAC Rules 2025 allows the Claimant to file its Notice of Arbitration via the SIAC Gateway, and Rules 4.2 and 4.3 empower the Registrar to direct parties to upload all written communications by the parties or their representatives, the Tribunal or the SIAC Secretariat to the SIAC Gateway.
These developments aim to better cater to the complexities of modern disputes whilst ensuring cost efficiency as well as expeditiousness.
ABOUT THE AUTHOR
Sunita P. Advani is an arbitral assistant to Mr Michael Lee, an experienced English arbitrator member of Twenty Essex practising principally from London and Singapore. In this role, she serves as tribunal secretary in Mr Lee’s high-value and complex international commercial arbitrations administered by the leading arbitral institutions globally, such as the ICC, LCIA and SIAC. Sunita previously practiced international arbitration as a Junior Associate at a leading international law firm in Singapore, and is admitted to practice in England & Wales, New York, Singapore and Ireland. She holds an LL.B. from the University of Nottingham, and an LL.M. from the University of California, Berkeley, School of Law. Sunita is the Founder and Chair of SG VYAP (Singapore Very Young Arbitration Practitioners).
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