By Layla Blair, Associate
The Singapore International Arbitration Centre (“SIAC”) introduced its seventh edition of the SIAC Rules (the “2025 SIAC Rules”), which features a broad suite of changes aimed at promoting procedural efficiency, transparency and fairness for disputes of varying complexity and scale. The 2025 SIAC Rules include new procedures and enhancements to existing processes to address ongoing criticisms of arbitration. The 2025 SIAC Rules will apply by default to any SIAC arbitration commenced on or after 1 January 2025, unless otherwise agreed by the parties.
The 2025 SIAC Rules introduce a new “Streamlined Procedure” designed for low-value disputes of low complexity. The Streamlined Procedure may be applied by agreement between the parties, or where the amount in dispute is less than SGD 1 million (unless otherwise determined by the President upon application by either party, or if the parties agree to exclude the application of the Streamlined Procedure). The introduction of the Streamlined Procedure is focussed on increasing cost effectiveness and efficiency, with the Streamlined Procedure providing that:
The Streamlined Procedure goes hand in hand with updates to the “Expedited Procedure”, a similar process that requires an award to be delivered within six months from the date of constitution of the Tribunal (Rule 14, Schedule 3). The threshold to request for the Expedited Procedure has been increased from SGD 6 million to SGD 10 million. In adding to the flexibility of the 2025 SIAC Rules, parties may also agree to conduct the arbitration under the Expedited Procedure at any time prior to the constitution of the Tribunal.
The 2025 SIAC Rules codify the inherent powers of the Tribunal to make a final and binding determination of any issue in an arbitration at a preliminary stage. While preliminary determinations are a common feature in practice, not all institutions have detailed procedures to govern preliminary determinations.
The purpose of this provision is to promote effective case management, and complements the existing suite of case management mechanisms available under the 2016 SIAC Rules. The Tribunal must make its decision, ruling, order or award within 90 days from the date of application. An application for preliminary determination may be made on the basis that:
In order to streamline the resolution of multiple complex disputes, the 2025 SIAC Rules introduce a mechanism to coordinate the resolution of multiple arbitrations involving common legal or factual issues where the same Tribunal has been appointed. A party may request that the arbitrations be conducted concurrently or sequentially, that the arbitrations be heard together with aligned procedural steps, or that one of the arbitrations be suspended pending termination of any of the other arbitrations. The addition of Rule 17 builds upon the existing suite of provisions concerning consolidation (Rule 16) and joinder (Rule 18) to reduce the risk of conflicting outcomes and to avoid duplication of costs across multiple proceedings.
The 2025 SIAC Rules have recognised the potential need for immediate relief in the early stages of a dispute by enhancing a party’s ability to seek urgent interim measures under the “Emergency Arbitrator Procedure” (Schedule 1). A party requiring emergency interim or conservatory relief may apply for the appointment of an “Emergency Arbitrator” at any time prior to the constitution of the Tribunal. The Emergency Arbitrator will be appointed within 24 hours.
The parties also have the ability to seek a protective preliminary order (“PPO”) without notice to the other parties to appoint an Emergency Arbitrator and request that they consider a request for an interim measure. The PPO ensures that a party cannot frustrate the purpose of any emergency interim or conservative measures requested before the counterparties of the application are notified seeking the appointment of the Emergency Arbitrator.
The Emergency Arbitrator must determine the PPO application within 24 hours of their appointment, following which the applicant must promptly transmit the order to any counterparties within 12 hours, failing which the PPO will expire within three days. The PPO will expire 14 days after the date on which it was issued.
The 2025 SIAC Rules prompt parties and the Tribunal to consider “amicable dispute resolution methods” such as mediation at various stages of an arbitration. The parties are encouraged to consider amicable dispute resolution methods when in the process of commencing an arbitration (Rule 6.4). In addition, Tribunals are encouraged to consider the adoption of alternative dispute resolution methods at the first case management conference (Rule 32.4) and are empowered to make any directions including suspending proceedings pending the outcome of any amicable dispute resolution methods (Rule 50.2).
The 2025 SIAC Rules now require parties to disclose the existence of any third-party funding agreement and the identify and contact details of the third-party funder. In order to preserve the standards of impartiality and independence of arbitrators, the rule also prohibits the entry into a third-party funding arrangement following the constitution of the Tribunal.
Under the 2025 SIAC Rules, where the parties are of different nationalities, the President is required to appoint a presiding arbitrator of a different nationality than the parties, unless the parties agree otherwise (Rule 19.7). The President is also given broad powers to take any measure necessary to constitute an independent and impartial Tribunal, including revoking the appointment of any arbitrators, if there is a substantial risk of unequal treatment (Rule 19.10).
The 2025 SIAC Rules introduced new provisions for security for costs and claims. Rule 48 allows a party to apply to the Tribunal for an order that any party asserting a claim, counterclaim, or cross-claim provide security for legal costs and expenses, as well as the costs of the arbitration. Rule 49 allows a party to apply to the Tribunal for an order that any party responding to a claim, counterclaim or cross-claim provide security against the relevant claim.
The 2025 SIAC Rules also address the consequences of failing to provide security, allowing Tribunals to make appropriate consequential orders, such as staying the proceedings or dismissing the claim.
The 2025 SIAC Rules include several new or updated provisions aimed at streamlining the arbitration process. For example:
The 2025 SIAC Rules mark a significant change to SIAC’s approach to international arbitration by introducing new mechanisms designed to streamline proceedings, increase clarity, and offer greater flexibility to parties. While some of the changes mirror developments seen in the rules of other prominent arbitration institutions, others reflect SIAC’s position as a leader in international arbitration. These reforms reinforce SIAC’s growing influence and will be particularly relevant to parties navigating commercial disputes across the Asia-Pacific region.
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