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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. On 22 August 2023, SIAC announced the public consultation of the Draft 7th Edition of the SIAC Rules. The draft of the SIAC Rules, 7th Edition can be accessed here. This Practice Note considers how to commence an arbitration 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. Note: Singapore judgments referred to in this Practice Note are not reported by LexisNexis® UK. Prior to commencing an arbitration Prior to commencing an arbitration, a ‘dispute’ must have arisen that is capable of being referred to arbitration. At the outset, it is important to consider whether there is an arbitration agreement, and whether there is a ‘dispute’ which may be referred to arbitration. Any additional
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. On 22 August 2023, SIAC announced the public consultation of the Draft 7th Edition of the SIAC Rules. The draft of the SIAC Rules, 7th Edition can be accessed here. This Practice Note considers the provisions dealing with awards and costs pursuant to 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. Definition of the award The SIAC rules specifically state that an award includes a partial, interim or final award, as well as the award of an emergency arbitrator (2016 SIAC Rules, r 1.3). In an arbitration under the 2016 SIAC Rules, the tribunal may make separate awards on different issues at different times
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. On 22 August 2023, SIAC announced the public consultation of the Draft 7th Edition of the SIAC Rules. The draft of the SIAC Rules, 7th Edition can be accessed here. This Practice Note considers matters relating to the appointment of the arbitral tribunal 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. Number of arbitrators The default position under the 2016 SIAC Rules is that a sole arbitrator will be appointed to determine the dispute (2016 SIAC Rules, r 9.1). There are two exceptions to this: • more than one arbitrator will be appointed if the parties have so agreed • three arbitrators will be appointed if
PRACTICE NOTES
This Practice Note is produced in partnership with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer and Ms Thea Elyssa Vega, Foreign Lawyer all of WongPartnership LLP, Singapore. The th Edition of the SIAC Rules came into effect from 1 January 2025 and can be accessed here. This Practice Note considers the early dismissal of claims and defences under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th Edition) 2025 (2025 SIAC Rules). The 2025 SIAC Rules apply to arbitrations commenced on or after 1 January 2025, unless the parties have agreed otherwise. Early dismissal under the 2025 SIAC Rules, r 47 SIAC was one of the first major international commercial arbitration institutions to introduce a procedure for the early dismissal of claims and defences.
PRACTICE NOTES
The 7th Edition of the SIAC Rules came into effect from 1 January 2025, and can be accessed here. This Practice Note considers the core provisions of the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (2025 SIAC Rules) concerning the presentation of evidence. The 2025 SIAC Rules apply to arbitrations commenced on or after 1 January 2025, unless the parties have agreed otherwise. Evidence and conduct of proceedings In arbitration proceedings under the 2025 SIAC Rules, a tribunal can conduct the arbitration in the manner the tribunal considers appropriate, but at all times acting fairly and impartially, and with diligence and professionalism, further to the principles set out at rules 3.5(a)-(c) (2025 SIAC Rules, r 32.1 and 32.2). The tribunal has wide discretion to decide on the procedure to be adopted and on how evidence has to be adduced. Although
PRACTICE NOTES
This Practice Note is produced in partnership with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer and Ms Thea Elyssa Vega, Foreign Lawyer all of WongPartnership LLP, Singapore. This Practice Note considers the position of multiple contracts, joinder and consolidation under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th Edition) 2025 (2025 SIAC Rules). The th Edition of the SIAC Rules came into effect from 1 January 2025 and can be accessed here. The 2025 SIAC Rules apply to arbitrations commenced on or after 1 January 2025, unless the parties have agreed otherwise. SIAC's multi-party and multi-contract rules The 2025 SIAC Rules includes detailed provisions in respect of the following: • multiple contracts (2025 SIAC Rules, r 15) • consolidation (2025 SIAC Rules, r 16) • co-ordinated proceedings
PRACTICE NOTES
This Practice Note is produced in partnership with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer and Ms Thea Elyssa Vega, Foreign Lawyer all of WongPartnership LLP, Singapore. The 7th Edition of the SIAC Rules came into effect from 1 January 2025, and can be accessed here. This Practice Note considers the steps to be taken by a respondent, on receipt of a notice of arbitration from the claimant, under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (2025 SIAC Rules). The 2025 SIAC Rules apply to arbitrations commenced on or after 1 January 2025, unless the parties have agreed otherwise. Note: Singapore judgments referred to in this Practice Note are not reported by LexisNexis® UK. Response to the Notice The first document that
PRACTICE NOTES
This Practice Note is produced in partnership with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer and Ms Thea Elyssa Vega, Foreign Lawyer all of WongPartnership LLP, Singapore. The 7th Edition of the SIAC Rules came into effect from 1 January 2025, and can be accessed here. This Practice Note considers how to commence an arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (2025 SIAC Rules). Note: Singapore judgments referred to in this Practice Note are not reported by LexisNexis® UK. Prior to commencing an arbitration Prior to commencing an arbitration, a ‘dispute’ must have arisen that is capable of being referred to arbitration. At the outset, it is important to consider whether there is an arbitration agreement, and whether there is a ‘dispute’ which
PRACTICE NOTES
The 7th Edition of the SIAC Rules came into effect from 1 January 2025, and can be accessed here. This Practice Note considers the provisions dealing with awards and costs pursuant to the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (2025 SIAC Rules). The 2025 SIAC Rules apply to arbitrations commenced on or after 1 January 2025, unless the parties have agreed otherwise. Note: Singapore judgments referred to in this Practice Note are not reported by LexisNexis® UK. Definition of the award The SIAC rules specifically state that an award includes interim, interlocutory, consent, partial, final or additional award and an award of an Emergency Arbitrator (2025 SIAC Rules, r 2.1). In an arbitration under the 2025 SIAC Rules, the tribunal may make more than one award at different points in time during the arbitration on different aspects of the matters to
PRACTICE NOTES
This Practice Note is produced in partnership with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer and Ms Thea Elyssa Vega, Foreign Lawyer all of WongPartnership LLP, Singapore. The th Edition of the SIAC Rules came into effect from 1 January 2025 and can be accessed here. The 2025 SIAC Rules apply to arbitrations commenced on or after 1 January 2025, unless the parties have agreed otherwise. Number of arbitrators Unless otherwise agreed by the parties, the tribunal shall comprise one or three arbitrators. In the event that parties have not agreed on the number of arbitrators, a sole arbitrator shall be appointed, unless the Registrar determines, after considering the views of the parties, that the dispute warrants the appointment of three arbitrators (2025 SIAC Rules, r 19.1). The 2025 SIAC Rules require the claimant
CHECKLISTS
Before commencing the arbitration • assess any applicable limitation periods under governing law (of the dispute/claims), noting the Rules do not address limitation periods or time bars (no SIAC Rule) • evaluate the claims you wish to raise in SIAC arbitration and ensure they are covered by the arbitration agreement referring the dispute to arbitration administered by SIAC (Rule 1.1) • consider whether to seek interim or conservatory relief from the tribunal and/or from a judicial authority, and notify the tribunal and Registrar of any court application and any decision (Rules 45.1–45.2) • determine the number of arbitrators and note that, unless otherwise agreed, the tribunal shall comprise one or three arbitrators, and a sole arbitrator will be appointed unless the Registrar determines the dispute warrants three (Rule 19.1) • select nominations for the appointment of the tribunal and, if party appointments are required, approach potential candidates only within the limited scope permitted for pre-appointment contact and avoid prohibited ex parte communications (Rule 25.2) Emergency measures • apply for the appointment of an Emergency Arbitrator before the tribunal is constituted
PRACTICE NOTES
An introduction to the SIAC Investment Arbitration Rules (2017) On 1 January 2017, the Singapore International Arbitration Centre (SIAC) Investment Arbitration Rules (SIAC IA Rules) entered into force, applying by agreement to investment arbitrations commenced on or after that date. While the SIAC IA Rules are specially designed for use in investment disputes involving states, state-controlled entities or intergovernmental organisations, they adopt features of SIAC rules for international commercial arbitration to simplify and streamline the investment arbitration process. The rules aim to address a number of concerns raised by users of investment arbitration, including perceptions that proceedings take too long, or that the arbitration process lacks transparency. The SIAC IA Rules also include a number of innovative provisions that address topical issues such as third-party funding and emergency interim relief. The SIAC IA Rules are the product of an extensive public consultation process that began on 1 February 2016, when SIAC released a draft version of the SIAC IA Rules for comment—see News Analysis: Draft SIAC Investment Arbitration