The following Arbitration guidance note Produced in partnership with Mr Alvin Yeo, Senior Counsel, Chairman & Senior Partner of Wong Partnership LLP, Singapore provides comprehensive and up to date legal information covering:
This Practice Note considers the core provisions of the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (6th edition) 2016 (2016 SIAC Rules) concerning the presentation of evidence.2016 SIAC Rules
The 2016 SIAC Rules apply to arbitrations commenced on or after 1 August 2016, unless the parties have agreed otherwise.
For guidance on the 2013 SIAC Rules, see: SIAC arbitration—overview.
In arbitration proceedings under the 2016 SIAC Rules, a tribunal can conduct the arbitration in the manner the tribunal considers appropriate, after consulting the parties, in order to ensure a fair, expeditious, economical and final determination of the dispute (2016 SIAC Rules, r 19.1). The tribunal has wide discretion to decide on the procedure to be adopted and on how evidence has to be adduced.
Although the 2016 SIAC Rules are not overly prescriptive regarding evidence, rule 19.2 provides that the tribunal will determine the relevance, materiality and admissibility of all evidence. It is also worth noting that, pursuant to rule 19.2, the tribunal is not required to apply the rules of evidence of any applicable law in making such determination. The tribunal enjoys discretion to direct the order of proceedings, bifurcate proceedings, exclude cumulative or irrelevant testimony or other evidence and direct parties to focus their presentations on issues the tribunal deems fit to dispose of all or part of the case (2016 SIAC Rules, r 19.4). Unless otherwise agreed by the parties, any procedural rulings may be made by a presiding arbitrator alone, subject to revision by the tribunal (2016 SIAC Rules, r 19.5). All statements, documents or other information supplied to the tribunal
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