Q&As

Which edition of the SIAC Arbitration Rules applies to my dispute?

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Published on LexisPSL on 28/07/2016

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • Which edition of the SIAC Arbitration Rules applies to my dispute?
  • Commencing arbitration on or after 1 August 2016—which rules apply?
  • Commencing arbitration on or after 1 April 2013 but before 1 August 2016—which rules apply?
  • What if the arbitration agreement specifies the SIAC Rules, but not a particular edition?
  • What if the arbitration agreement specifies arbitration pursuant to the SIAC Rules in force from 'time-to-time'?
  • What if the arbitration agreement specifies the 2013 SIAC Rules and proceedings commenced on or after 1 August 2016?
  • What if the parties want to arbitrate pursuant a different edition of the SIAC Rules to those that apply by default?
  • What does 'commenced' mean in this context?

Which edition of the SIAC Arbitration Rules applies to my dispute?

On 1 August 2016, the 6th edition of the SIAC Rules was launched (2016 SIAC Rules), and applies to SIAC arbitration proceedings commenced on or after 1 August 2016, unless the parties agree otherwise (SIAC, rule 1.2). The meaning of 'commenced' pursuant to the 2016 SIAC Rules is discussed below.

The previous, 5th edition of the SIAC Rules came into force on 1 April 2013 (2013 SIAC Rules), and applies to arbitrations commenced on or after that date, unless the parties agree otherwise (SIAC, rule 1.2).

When a dispute arises between the parties, as a first step, it is important to examine the precise wording and scope of any applicable arbitration agreement. It is assumed for the purposes of this Q&A that the parties have agreed in writing to arbitrate pursuant to the SIAC Rules.

Note: this Q&A does not address the position in respect of arbitrations commenced before 1 April 2013. In the event that this is relevant for your dispute, please consult the edition of the SIAC Rules applicable to your dispute.

Commencing arbitration on or after 1 August 2016—which rules apply?

If a party commences SIAC arbitration proceedings on or after 1 August 2016, the 2016 SIAC

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