On 9 December 2024, the Singapore International Arbitration Centre (“SIAC”) announced the official release of the SIAC Rules 2025, which will come into effect on 1 January 2025.[1]
The SIAC Rules 2025 introduce new procedures and improve existing processes to ensure (a) fairness of proceedings; (b) efficiency in the conduct of the arbitration proportionate to the amount and complexity of issues in dispute; and (c) the enforceability of arbitration award.[2] Accompanying the SIAC Rules 2025 is the SIAC’s revised Schedule of Fees (“Revised Schedule of Fees”), which will also come into effect on 1 January 2025.
The key highlights of the SIAC Rules 2025 follow. References to rules and schedules will be to the SIAC Rules 2025.
Introduction of the Streamlined Procedure (Rule 13 read with Schedule 2 of the SIAC Rules 2025)
The Streamlined Procedure is designed for low value disputes of low complexity.[3] Under rule 13, the Streamlined Procedure applies in two situations:
- Where parties have agreed to the application of the Streamlined Procedure prior to the constitution of the Tribunal; or
- Where the amount in dispute in the arbitration does not exceed the equivalent amount of S$1,000,000 prior to the constitution of the Tribunal, unless otherwise determined by the President on application by a party.
Pursuant to paragraph 15 Schedule 2, the final award is to be made within three (3) months from the date of constitution of the Tribunal, unless the Registrar extends the time for making such a final award.
Under the Revised Schedule of Fees, the tribunal’s fees and SIAC administrative fees in arbitration under the Streamlined Procedure are capped at 50% of the maximum limits.[4]
Changes to the threshold for the application of the Expedited Procedure (Rule 14 read with Schedule 3 of the SIAC Rules 2025)
Under 14.2(a), the threshold for parties to request for the Expedited Procedure to apply to the conduct of the arbitration has been raised from S$6,000,000 to S$10,000,000.
Pursuant to paragraph 6 of Schedule 3, the application of the Expedited Procedure requires the final award to be made within 6 months from the date of the constitution of the tribunal, unless the Registrar extends the time for making such a final award.
Tribunal’s power to make a final and binding determination at a preliminary stage (Rule 46 of the SIAC Rules 2025)
Rule 46 makes explicit the tribunal’s power to make a final and binding determination of any issue in an arbitration at a preliminary stage and codifies the inherent power of tribunals to decide different issues at different stages.
Under rule 46.1 an application for preliminary determination may be made on the basis that (a) parties agree; (b) the applicant is able to demonstrate that the determination would save time and costs or expedite the resolution of the dispute; or (c) where the tribunal determines that the circumstances warrant it.
Under rule 46.4, where the tribunal accepts an application for preliminary determination, it must render its decision, ruling, order or award within 90 days from the date of application, unless the Registrar extends the time.
Enhancements to procedure for appointment of Emergency Arbitrator and Introduction of protective preliminary order application (Rule 12.1 read with Schedule 1 of the SIAC Rules 2025)
Under paragraphs 1 and 2 Schedule 1, applicants may now file an application with the Registrar for the appointment of an Emergency Arbitrator (the “Application”) prior to submitting a Notice of Arbitration (the “Notice”). Under paragraph 6 of Schedule 1, the Notice is now required to be filed within 7 days from the date of the Registrar’s receipt of the Application.
Additionally, under paragraph 25 Schedule 1, parties may seek protective preliminary orders directing a party not to frustrate the purpose of the emergency interim or conservatory measure requested, prior to notifying any counterparties of the application seeking the appointment of an Emergency Arbitrator.
Under paragraph 27 Schedule 1, the Emergency Arbitrator is required to determine the request for a protective preliminary order within 24 hours of appointment.
Under paragraphs 28 to 30 Schedule 1, the applicant is required to promptly transmit any such preliminary order to any counterparties within 12 hours of the order, failing which the protective preliminary order shall expire 3 days after the date on which it was issued.
Introduction of coordinated resolution of multiple arbitrations (Rule 17 of the SIAC Rules 2025)
Rule 17 provides for the coordinated resolution of multiple arbitrations involving common legal or factual issues where the same tribunal has been appointed. Pursuant to rule 17.1, a party may request that the multiple arbitrations (a) be conducted concurrently or sequentially; (b) be heard together with aligned procedural steps; or (c) that any of the arbitrations be suspended pending the determination of any of the other arbitrations.
The provision seeks to provide an additional procedural mechanism to streamline the resolution of multiple complex arbitrations, reduce the risk of conflicting outcomes, and avoid duplication of costs across multiple proceedings.
Introduction of administrative conference (Rule 11 of the SIAC Rules 2025)
Under rule 1, the Registrar has the discretion to conduct administrative conferences with the parties prior to the constitution of the tribunal to discuss any procedural or administrative directions to be made by the Registrar.
Addition of cues to tribunal to encourage amicable resolution of dispute (Rules 32.4 and 50.2 of the SIAC Rules 2025)
Rule 32.4(a) includes a cue to tribunals to prompt parties to consider amicable dispute resolution methods such as mediation at the first case management conference. Additionally, rule 50.2(l) empowers tribunals to make any necessary directions, including a suspension of proceedings, for the parties to adopt any amicable dispute resolution methods such as mediation under the SIAC-SIMC Arbitration-Mediation-Arbitration Protocol.
Rules 6.4(a) and 7.3 also encourage parties to consider amicable dispute resolution methods at the inception of the arbitration.
Introduction of provisions regarding third-party funding arrangements (Rule 38 of the SIAC Rules 2025)
Rule 38.1 of the SIAC Rules 2025 requires parties to disclose the existence of any third-party funding agreement and the identity and contact details of the third-party funder.
In addition, rule 38.4 empowers tribunals to order such disclosures and take into account any third-party funding agreement in apportioning costs.
Rule 38.3 also prescribes that, after the tribunal is constituted, a party may not enter into a third-party funding agreement which may give rise to a conflict of interest with any member of the tribunal.
Introduction of provision to allow the Registrar to refer issue of jurisdiction to the SIAC Court for prima facie determination (Rule 8.1 of the SIAC Rules 2025)
Rule 8.1 allows the Registrar to refer an issue of jurisdiction to the SIAC Court for a prima facie determination where a respondent fails to submit a response to the Notice of Arbitration, or any party objects to the existence, validity or applicability of an arbitration agreement prior to the constitution a tribunal.
By rule 8.3, where the SIAC Court determines that the arbitration shall not proceed, in whole or in part, the Registrar shall terminate the arbitration in accordance with the decision of the SIAC Court.
Security for Costs and Security for Claims (Rules 48 and 49 of the SIAC Rules 2025)
Rule 48.1 permits a party to apply to the tribunal for an order that any party asserting a claim, counterclaim or crossclaim provide security for legal costs, expenses, and the costs of the arbitration.
Under rule 49.1, a party may apply to the tribunal for an order that any party responding to a claim, counterclaim, or crossclaim provide security against the relevant claim.
Introduction of 90-day timeline for tribunals to submit draft awards to SIAC Secretariat for scrutiny
Under rule 53.2, prior to making the award, the tribunal shall submit such award in draft form to the SIAC Secretariat and inform the parties of the date of submission.
The tribunal shall submit the draft award to the SIAC Secretariat not later than 90 days from the date of submission of the last directed oral or written submission in respect of the proceedings to which the award pertains, unless the Registrar determines otherwise.
Conclusion
The headline innovation in the 2025 Rules in the introduction of the Streamlined Procedure. This recognises that a one size fits all approach is not appropriate and will help make arbitration a viable option for smaller claims.
For more information, please contact:
Partner & Head, International Arbitration
+65 6361 9883
Legal Associate
+65 6361 9365
[1] See SIAC press release dated 9 December 2024: https://siac.org.sg/wp-content/uploads/2024/06/Press-Release-SIAC-Announces-the-Official-Release-of-7th-Edition-of-the-SIAC-Rules-2025.pdf
[2] See SIAC highlights: https://siac.org.sg/wp-content/uploads/2024/06/Highlights-of-the-SIAC-Rules-2025.pdf
[3] Ibid.
[4] Ibid. See also https://siac.org.sg/siac-schedule-of-fees-2025