Important Takeaways from the updated 2025 SIAC Rules:
- The seventh edition of the Singapore International Centre’s Arbitration Rules (“SIAC Rules 2025”)1 came into effect on January 1, 2025, nine years after the last iteration.
- The new rules will apply by default to any SIAC arbitration commenced on or after January 1, 2025, unless otherwise agreed upon by the parties.
- The SIAC Rules 2025 include new provisions on expedited procedures for resolution of disputes below SGD 1 million, preliminary determination/summary adjudication, emergency arbitration procedures, and third-party funding regulations.
I. Introduction
The Singapore International Arbitration Centre (“SIAC”) serves as a global hub of international dispute settlement. On January 1, 2025, the SIAC Rules 2025 came into effect following a multi-year consultation with practitioners, in-house counsel, government officials, and other key stakeholders. This latest revision adopts a new framework containing 65 rules organized under 10 sections and accompanied by three schedules, in contrast to 41 rules and one schedule in the previous edition. Emphasis has been placed on enhancing fairness of the proceedings, increasing efficiency, and ensuring the enforceability of awards.2 The new rules seek to widen the availability of expedited proceedings, reform the emergency arbitration mechanism, and provide rules concerning third-party funding. This client alert highlights some of these key changes and their potential impact for SIAC arbitration users.
II. Changes to the SIAC Rules 2025
A. Emergency Arbitrator Procedure (Rule 12 and Schedule 1)
The SIAC Rules 2025 expand the authority of emergency arbitrators, including with regard to interim or conservatory relief. Under the new rules, a party may request emergency relief on an ex parte basis by making an application for a protective preliminary order (“PPO”) directing to preserve the status quo and direct a party not to frustrate the purpose of the emergency interim or conservatory measure requested.3 At the PPO stage, the Notice of Arbitration (“NOA”) need not be filed, but must be submitted within seven days from the PPO application. This brings the new SIAC Rules 2025 in line with other recently revised rules, including the 2021 ICC Rules and the 2018 HKIAC Rules, where emergency procedures are available prior to the submission of the NOA.4
If the SIAC accepts the PPO application, an emergency arbitrator will be appointed within 24 hours, following which they have an additional 24 hours to decide upon the PPO.5 Only after this decision is made will the other parties be notified of the emergency arbitration and issuance of the PPO. Applicants subsequently have 12 hours to inform the parties and provide them with the entire documents filed in the arbitration, the PPO, and other relevant documents as well as a certification that these documents were made available. The party against whom the PPO is directed will then have a full opportunity to challenge the PPO.
Aside from the Swiss Arbitration Centre6 and the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ),7 the SIAC Rules 2025 serve as one of the few mechanisms which offer ex parte relief from an emergency arbitrator in order to preserve the status quo. Such rules may be attractive to parties anticipating the need for ex parte interim relief, or when it is not available before national courts. To anticipate any due process concerns, the new rules contain safeguards for procedural fairness, including ensuring that any party subject to a PPO is given an opportunity to present its case at the “earliest practicable time” and requiring the emergency arbitrator to promptly decide any objections to the PPO.8
B. Streamlined Procedure (Rule 13 and Schedule 2)
The SIAC Rules 2025 introduce a new streamlined procedure intended for parties who agree to pursue a speedy and cost-effective avenue for low-value disputes, where the amount in dispute does not exceed SGD 1 million, provided the SIAC President does not object.
Pursuant to Schedule 2, an application for a streamlined procedure is decided by a sole arbitrator, to be jointly agreed between the parties within three days from the date of the SIAC Secretariat’s notification that the streamlined procedure shall apply, failing which the President shall appoint one “as soon as practicable.” 9 A case management conference must be held within five days from the appointment of the sole arbitrator.10 Unless otherwise decided, the arbitration will be decided solely “on the basis of written submissions and any accompanying documentary evidence,” without a hearing, document production, witness reports or expert reports.11 The final award must be rendered within three months from the date of constitution of the tribunal.12
C. Expedited Procedure (Rule 14 and Schedule 3)
The SIAC Rules 2025 have broadened the availability of the expedited procedure mechanism by increasing the threshold amount from SGD 6 million to SGD 10 million.13 The expedited procedure may also be available if the amount in dispute is less than SGD 1 million provided that the SIAC President determines that the streamlined procedure is inapplicable.14
Moreover, expedited procedure is also available for disputes above SGD 10 million where the parties agree, or where “circumstances of the case warrant the application of the Expedited Procedure.” This determination is to be made by the SIAC President after considering the views of the parties. Where the President grants the application, the Expedited Procedure set out in Schedule 3 shall apply, in which case the tribunal generally will consist of a sole arbitrator whose award must be rendered within 6 months.15
D. Coordinated Proceedings (Rule 17)
The new rules on coordinated proceedings address circumstances where the same tribunal is hearing common questions of law or fact in separate proceedings which are not suitable for consolidation–typically because there are similar factual circumstances in multiple arbitrations even though the parties are not the same, for instance, in connection with the resolution of mass arbitrations, or a large number of individual claims. Another example could involve a multiphase infrastructure project involving several contractors and subcontractors who have filed separate claims. In such a case, common issues of facts and law might exist (e.g., delays, liability for defects, employer’s liability), even though consolidation may not be available under the circumstances.
A party may apply for the coordination of the arbitrations where the tribunal will subsequently determine whether the arbitrations will be conducted concurrently, sequentially, or heard together, along with whether any of the arbitrations should be suspended pending a determination in any of the other arbitrations.16 Unless otherwise agreed by the parties, coordinated arbitrations remain separate, and the tribunal is required to issue distinct awards in each arbitration.
E. Appointment of Arbitrators (Rules 19, 20 and 26)
The SIAC Rules 2025 introduce new provisions governing the appointment of arbitrators. Rule 19.10 grants the SIAC President authority to take necessary measures to ensure the constitution of an independent and impartial tribunal if there is a substantial risk of unequal treatment that could affect the validity or enforceability of the award under the parties’ agreed appointment procedure. Rule 19.10 primarily addresses situations involving asymmetric clauses, which grant one party more rights than the other. It also applies in cases where SIAC encounters unfair clauses that leave the institution with limited options. For example, this includes situations where the claimant has the sole right to appoint an arbitrator, multiple claimants can appoint two or all three arbitrators, or one party has the exclusive right to appoint the presiding arbitrator. These are unusual circumstances, and the President of SIAC would likely intervene only where the enforcement of the award may be affected.
Another notable change is the requirement that all arbitrators adhere to the SIAC Code of Ethics and Practice Notes. In addition, arbitrators must sign a Statement of Acceptance, Independence, Impartiality, and Availability.17 The SIAC Code of Ethics, introduced concurrently with the new rules on January 1, 2025, aims to reinforce standards of independence and impartiality in arbitration.18
The new rules also introduce an additional ground for challenging an arbitrator—where the arbitrator becomes de jure or de facto unable to perform their duties.19 De jure incapacity refers to legal disqualification (such as a conviction for a criminal offense), while de facto incapacity relates to practical inability, such as an illness preventing the arbitrator from fulfilling their role.
F. Third-Party Funding (Rule 38)
As the industry continues to rapidly grow, regulatory interest and demand for oversight of third-party funding has heightened. Many arbitral institutions have established rules concerning third-party funding,20 often following changes in various national legislations. Singapore has followed this trend. In 2017, the Civil Law Act formally abolished the common-law tort of maintenance and champerty, which had previously prohibited improper third-party intervention and financial assistance in legal proceedings. With this reform, Singapore joined a growing list of countries that permitted third-party funding in “prescribed dispute resolution proceedings,” expressly including “arbitration.”21 The SIAC Rules 2025 build upon this legislative reform by integrating third-party funding into Singapore’s arbitration framework.
Under the new rules, parties must disclose the existence of any third-party funding agreement, along with the funder’s identity and contact details.22 The tribunal is also empowered to order the disclosure if there has been non-compliance23 and may direct parties to withdraw from any third-party funding agreement concluded after the constitution of the tribunal if it gives rise to any conflict of interest.24 The tribunal “may” consider any third-party funding agreement in apportioning costs.25 Though the extent to which SIAC tribunals will utilize these rules in practice remains uncertain, the new rules represent a welcome step towards regulating third-party funding in arbitration.
G. Preliminary Determination (Rule 46)
The SIAC Rules 2025 provide for applications for a final and binding determination on a preliminary basis. This new procedure is separate from SIAC’s existing procedure for the early dismissal of manifestly unmeritorious claims and defences, as set forth in Rule 47. Pursuant to Rule 46, if the parties do not agree to use this procedure and the circumstances do not warrant a preliminary determination, the onus is on the applicant to demonstrate that recourse to the mechanism will likely “contribute to savings of time and costs and a more efficient and expeditious resolution of the dispute.” 26 This aligns with the SIAC’s overall priority of efficiency and expediency. If the application is accepted, the tribunal has 90 days to render its decision.
III. Conclusion
The latest iteration of the SIAC Rules has addressed ongoing criticisms of arbitration, seeking to promote greater efficiency in time and costs, while ensuring fairness and due process.
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Foley Hoag has successfully represented sovereign and private clients in international disputes worth billions of dollars before the world’s principal arbitral forums, including the SIAC, the International Centre for Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration, the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the American Arbitration Association (AAA), London Court of International Arbitration (LCIA) and Stockholm Chamber of Commerce (SCC). We also represent States and private parties in all phases of SIAC proceedings and recognize the importance of a robust understanding of the procedural framework for resolving high-stakes disputes. For more information on the new SIAC Rules 2025 or on any international arbitration matter in Asia, please contact the authors of this client alert.
1Arbitration Rules of the Singapore International Arbitration Centre (1 January 2025) (“SIAC Rules 2025”).
2SIAC Rules 2025, Rule 3.5.
3SIAC Rules 2025, Schedule 1, para. 25.
4ICC Rules of Arbitration 2021, Art. 29 (“ICC Rules”); Hong Kong International Arbitration Centre Administered Arbitration Rules 2018, Schedule 4, para. 1 (“HKIAC Rules”).
5SIAC Rules 2025, Schedule 1, paras. 8 and 27.
6Swiss Arbitration Rules 2021, Art. 43.
7AMINZ Emergency Arbitration Protocol.
8SIAC Rules 2025, Schedule 1, paras. 31-32.
9SIAC Rules 2025, Schedule 2, paras. 1-3.
10SIAC Rules 2025, Schedule 2, para. 8.
11SIAC Rules 2025, Schedule 2, para. 11.
12SIAC Rules 2025, Schedule 2, para. 15.
13SIAC Rules 2025, Rule 14.2(a).
14SIAC Rules 2025, Rule 14.2(b)-(c).
15SIAC Rules 2025, Schedule 3, para. 6.
16SIAC Rules 2025, Rule 17.1.
17SIAC Rules 2025, Rule 20.1.
18SIAC Code of Ethics for Arbitrators (1 January 2025).
19SIAC Rules 2025, Rule 26.1(c).
20ICC Rules, Art. 11(7); HKIAC Rules, Art. 44.
21Republic of Singapore, Civil Law (Amendment) Act 2017 (24 February 2017), Art. 2.
22SIAC Rules 2025, Rule 38.1.
23SIAC Rules 2025, Rule 38.4.
24SIAC Rules 2025, Rule 38.3.
25SIAC Rules 2025, Rule 38.6.
26SIAC Rules 2025, Rule 46.1.
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