On January 1, 2025, the 7th edition of the Arbitration Rules of the Singapore International Arbitration Centre (the “2025 Rules”) came into force. The Singapore International Arbitration Centre (“SIAC”) developed the 2025 Rules following an extensive public consultation process starting in August 2023 and introduced in the new rules several innovative procedural mechanisms to enhance efficiencies in the conduct of arbitrations. Noteworthy provisions are:
- Introduction of Streamlined Procedure for Low-Value, Low-Complexity Disputes (Rule 13 and Schedule 2): Rule 13 of the 2025 Rules introduces a “Streamlined Procedure” for parties to resolve low-value, low-complexity disputes. Under the new Rule 13, the Streamlined Procedure applies if the parties agree, or if the amount in dispute does not exceed S$1,000,000 prior to the constitution of the tribunal (unless the President determines otherwise upon party application). If applied, the Streamlined Procedure will require the tribunal to issue the award within three months from the date of constitution of the tribunal and will cap the tribunal’s fees and SIAC administrative fees at 50% of the maximum limits under the Schedule of Fees. The three-month timeline is among the shortest that any major arbitration institution provides. The introduction of the Streamlined Procedure has the strong potential to engage user interest, particularly from parties involved in lower-value transactions.
- Increasing the Monetary Limit for the Expedited Procedure (Rule 14.2): Under Rule 5.1.(a) of the current 6th edition of the SIAC Arbitration Rules (the “2016 Rules”), cases with a value of below SGD 6 million are eligible for the Expedited Procedure. The new Rule 14.2 increases the monetary limit for eligibility to SGD 10 million. The uplift allows a wider range of cases to qualify for the Expedited Procedure and its accelerated dispute resolution process, in line with the SIAC’s objective of promoting efficiency in the conduct of arbitration.
- Codification of a Tribunal’s Power to Make Preliminary Determinations (Rule 46): Rule 46 of the 2025 Rules codifies a tribunal’s inherent power to make preliminary determinations. The rule provides for a tribunal to make a final and binding preliminary determination of any issue in an arbitration if: (a) the parties agree for the tribunal to do so; or (b) the party applying to the tribunal for preliminary determination is able to demonstrate that (i) a preliminary determination is likely to save time and costs or (ii) the circumstances of the case otherwise warrant a preliminary determination. The tribunal’s determination may take the form of a decision, ruling, order, or award. Although the ability of a tribunal to make preliminary determinations has commonly been acknowledged to be part of a tribunal’s case management powers, the codification of the Tribunal’s preliminary determination power should give parties and tribunals more confidence to leverage this procedural mechanism to efficiently resolve the disputes.
- Coordinated Proceedings (Rule 17): Under the 2016 Rules, parties to multi-contract, multi-party disputes have available joinder (Rule 7) and consolidation (Rule 8) to avoid parallel proceedings and the risk of inconsistent decisions. Rule 17 of the 2025 Rules offers a third option: Coordinated Proceedings. Under the new Rule 17, parties to arbitrations involving a common question of fact or law presided over by the same tribunal may apply to the tribunal to “coordinate” the arbitrations, meaning to (a) conduct the arbitrations concurrently or sequentially; (b) conduct the arbitrations with aligned procedure; or (c) suspend one arbitration pending the determination in any of the other arbitrations. This procedure addresses the increasing complexity of modern-day transactions and, if effectively implemented, has the potential to manage costs and minimize risk of inconsistent outcomes. The procedure’s application, however, does require careful planning as it is only applicable to arbitrations presided over by the same tribunal. The tribunal and the parties may also need to consider implementing appropriate confidentiality safeguards to ensure that confidential information is not improperly disclosed across arbitrations.
- Facilitation of Appointment of Emergency Arbitrators (Rule 12.1 and Schedule 1): Emergency arbitrators serve the crucial function of providing parties with immediate access to protective redress (such as interim injunctions). Under Schedule 1 of the 2016 Rules, the earliest date that a party can apply for the appointment of an emergency arbitrator is concurrent with the filing of the Notice of Arbitration. The new Schedule 1 under the 2025 Rules advances the date, allowing a party to seek appointment of an emergency arbitrator even before filing the Notice of Arbitration, provided that the party files the Notice of Arbitration within seven days of filing the emergency arbitrator appointment application. The new rules also afford parties seeking emergency relief the ability to apply for protective preliminary orders to direct other parties not to frustrate the purpose of the emergency interim relief being sought. These revisions together strengthen SIAC’s emergency arbitrator offering by enabling SIAC-administered arbitrations to provide swifter and more robust interim relief.
- Requirements to Disclose Third Party Funding Arrangements (Rule 38): The new Rule 38 requires the disclosure of the existence of third-party funding agreements and the identities and contact details of third-party funders. The tribunal, after consultation with the parties, may order disclosure of additional information such as (a) the third-party funder’s interest in the outcome of the proceedings, and (b) commitments to undertake adverse costs liability. These disclosures will assist tribunal members in identifying potential conflicts of interest. It awaits to be seen how the disclosures may affect the tribunals’ costs awards in third-party funded arbitrations, particularly considering that the new rule now explicitly provides that the tribunal may “take into account any third-party funding agreement in apportioning costs.”
The 2025 Rules exemplify SIAC’s commitment to enhancing time and costs efficiency and shoring up integrity in the administration of arbitration proceedings.
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