SIAC (2016)—multiple contracts, joinder and consolidation
Produced in partnership with Mr Alvin Yeo, Senior Counsel, Chairman & Senior Partner of Wong Partnership LLP, Singapore

The following Arbitration practice 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:

  • SIAC (2016)—multiple contracts, joinder and consolidation
  • SIAC's multi-party and multi-contract rules
  • Multiple contracts
  • How to object?
  • Joinder of additional parties
  • Joinder pre-constitution of tribunal—rule 7.1
  • The application for joinder
  • The SIAC Court's decision on joinder applications prior to constitution of the tribunal—rule 7.4
  • Impact on the additional party in pre-constitution joinder applications
  • Applications for joinder post-constitution of the tribunal—rule 7.8
  • More...

SIAC (2016)—multiple contracts, joinder and consolidation

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

This Practice Note considers the position of multiple contracts, joinder and consolidation under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (6th edition) 2016 (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.

SIAC's multi-party and multi-contract rules

The 2016 SIAC Rules included detailed provisions in respect of the following:

  1. multiple contracts (2016 SIAC Rules, r 6)

  2. joinder (2016 SIAC Rules, r 7), and

  3. consolidation (2016 SIAC Rules, r 8)

In this regard, SIAC follows other international arbitral institutions which have made similar provisions in their rules (see examples below) reflecting the types of disputes being arbitrated today.

Multiple contracts

SIAC has introduced a streamlined process for parties to consolidate disputes arising out of or in connection with multiple contracts (2016 SIAC Rules, r 6). Consolidation assumes significance when there is a composite transaction with multiple contracts, which is common in complex commercial transactions.

The claimant has

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