Lex Mundi Global Arbitration Institutions Guide |
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Singapore |
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| (Asia Pacific) Firm Rajah & Tann Singapore LLP Updated 20 Nov 2018 | |
| Name of Arbitral Institution; with abbreviation, if any. | Singapore International Arbitration Centre ("SIAC") |
| Where is the seat of the Arbitral Institution? | Singapore |
| Is there an umbrella organization for the Arbitral Institution? | SIAC is an independent, not-for-profit organisation. |
| How is the Arbitral Institution structured? | SIAC is run by a Board of Directors and a Court of Arbitration. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. There is a panel (http://siac.org.sg/our-arbitrators/siac-panel) but it is not compulsory to choose from the panel. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Parties are free to choose the place of arbitration. However, if there is no agreement, the arbitral tribunal will determine the place. |
| What is the amount of the registration fee? | The case filing fee is S$2,000 for overseas parties and S$2,140 for Singapore parties (with GST). The administration fee (which is separate, and in addition, to the case filing fee) depends on the amount of the claim, and is subject to a minimum of S$3,800 and a maximum of S$95,000. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Assume USD1m (1.4m sgd). Average cost: USD 68,775.00 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Assume USD10m (14m sgd). Average cost: USD 423,225.00 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Assume USD100m (140m sgd). Average cost: USD 905,775. |
| Who pays advances on costs? What happens in the event of default? | Unless the Registrar directs otherwise, the advance on costs are to be paid in equal (50%) shares by the Claimant and Respondent. The Registrar may fix separate deposits on costs for claims and counterclaims, respectively. If a party fails to pay its share either wholly or in part, (a) the Tribunal (if constituted) may suspend its work and the Registrar may suspend SIAC's administration of the arbitration; and (b) the Registrar may, after consultng with the Tribunal (if constituted) and after informing the parties, set a time limit on the expiry of which the relevant claims or counterclaims shall be considered as withdrawn without prejudice to the party reintroducing the same claims or counterclaims in another proceeding. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | There are no formalistic procedures, although the institutional rules provide what must be contained in the Notice of Arbitration (Rule 3) and Response to the Notice of Arbitration (Rule 4). |
| Which languages can be used for communication with the Arbitral Institution? | There are no restrictions although the main language is English. Aside from English, SIAC has fluency in Bahasa Indonesia, Chinese, French, Hindi, Korean, Lithuanian, Malay, Russian and Tagalog. Where necessary, parties may be asked to provide translations of documents. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The point of contact will nominally be the Registrar from the outset, which is the party to whom the Notice of Arbitration will be addressed. Thereafter, a case officer will be assigned, and that officer will be the main point of contact. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. Unless otherwise agreed by the parties, the Tribunal shall determine the language to be used in the arbitration. If a party submits a document written in a language other than the language(s) of the arbitration, the Tribunal, or if the Tribunal has not been constituted, the Registrar, may order that party to submit a translation in a form to be determined by the Tribunal or the Registrar. |
| Who appoints substitute arbitrators? | Parties can appoint a substitute arbitrator in accordance with the procedure of the appointment of the original arbitrators. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes. Rule 8 of the SIAC Rules 2016 discusses consolidation. Briefly, conslidation may take place where (a) all parties have agreed; (b) all claims are made under the same arbitration agreement; or (c) the arbitration agreements are compatible, and: (i) the disputes arise out of the same legal relationship(s); (ii) the disputes arise out of contracts consisting of a principal contract and its ancillary contract(s); or (iii) the disputes arise out of the same transaction or series of transactions. Rule 7 discusses joinder. Joinder is appropriate where: (a) the additional party to be joined is prima facie bound by the arbitration agreement; or (b) all parties, including the additional party to be joined, have consented to the joinder of the additional party. |
| Are oral hearings compulsory? | No. Unless the parties have agreed on a documents-only arbitration, the Tribunal shall, if either party so requests or the Tribunal so decides, hold a hearing for the presentation of evidence and/or for oral submissions on the merits of the dispute, including any issue as to jurisdiction. |
| What are common evidence-taking practices? | Absent party agreement, evidence-taking practices are determined by the Tribunal (in consultation with the parties). Typical methods include: (a) discovery (specific discovery after witness statements are exchanged); (b) cross-examination; and (c) hot tubbing (typically for experts). Parties typically agree to incorporate the IBA Rules on the Taking of Evidence in International Arbitration by the first procedural conference. |
| What is the average duration of arbitration proceedings? | The median duration of an SIAC arbitration is 11.7 months. The mean is 13.8. This is based on a 2018 study by CMS Holborn Asia: http://www.cms-lawnow.com/ealerts/2018/03/costs-and-duration-a-comparison-of-the-hkiac-lcia-scc-and-siac-studies?_ga=2.62008740.946824904.1521515320-2038661890.1521190603 |
| What is the timeframe for rendering the award? | There is no fixed time frame for general arbitration proceedings, save for the Expedited Procedure. |
| Are extensions to time limits permissible? | Yes |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes. Courts have similar - although more curtailed - powers. For instance, where the International Arbitration Act applies (generally for international arbitrations), the courts do not have the power to order or give directions for security for costs or discovery of documents and interrogatories. Further the application should generally be made to the tribunal or institution first. The court will typically act only if or to the extent that the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively. |
| Do the institutional rules provide for an emergency arbitrator? | Yes, this is set out at Schedule 1 to the SIAC Rules 2016. A party that wishes to seek emergency interim relief may, concurrent with or following the filing of a Notice of Arbitration but prior to the constitution of the Tribunal, file an application for emergency interim relief with the Registrar. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes, this is set out in Rule 5 of the SIAC Rules 2016. An application for proceedings to be expedited may be made where the amount in dispute does not exceed S$6m (around USD4.3m), the parties agree, or in a case of exceptional urgency. Where proceedings are expedited, the final Award shall be made within six months from the date when the Tribunal is constituted unless, in exceptional circumstances, the Registrar extends the time for making such final Award. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Yes, by the Registrar in conjunction with the Court of Arbitration. |
| Do costs necessarily follow the event? | Costs generally, but do not necessarily, follow the event. Tribunals have the discretion where it comes to awarding costs. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | An arbitral award may be set aside in Singapore. The bases for setting aside correspond to the reasons for denial of enforcement according to the New York Convention. |
| Link to institutional rules | |
| Link to model clause |
Lex Mundi Global Arbitration Institutions Guide
Singapore International Arbitration Centre ("SIAC")
Singapore
SIAC is an independent, not-for-profit organisation.
SIAC is run by a Board of Directors and a Court of Arbitration.
No. There is a panel (http://siac.org.sg/our-arbitrators/siac-panel) but it is not compulsory to choose from the panel.
Parties are free to choose the place of arbitration. However, if there is no agreement, the arbitral tribunal will determine the place.
The case filing fee is S$2,000 for overseas parties and S$2,140 for Singapore parties (with GST). The administration fee (which is separate, and in addition, to the case filing fee) depends on the amount of the claim, and is subject to a minimum of S$3,800 and a maximum of S$95,000.
Assume USD1m (1.4m sgd). Average cost: USD 68,775.00
Assume USD10m (14m sgd). Average cost: USD 423,225.00
Assume USD100m (140m sgd). Average cost: USD 905,775.
Unless the Registrar directs otherwise, the advance on costs are to be paid in equal (50%) shares by the Claimant and Respondent. The Registrar may fix separate deposits on costs for claims and counterclaims, respectively. If a party fails to pay its share either wholly or in part, (a) the Tribunal (if constituted) may suspend its work and the Registrar may suspend SIAC's administration of the arbitration; and (b) the Registrar may, after consultng with the Tribunal (if constituted) and after informing the parties, set a time limit on the expiry of which the relevant claims or counterclaims shall be considered as withdrawn without prejudice to the party reintroducing the same claims or counterclaims in another proceeding.
There are no formalistic procedures, although the institutional rules provide what must be contained in the Notice of Arbitration (Rule 3) and Response to the Notice of Arbitration (Rule 4).
There are no restrictions although the main language is English. Aside from English, SIAC has fluency in Bahasa Indonesia, Chinese, French, Hindi, Korean, Lithuanian, Malay, Russian and Tagalog. Where necessary, parties may be asked to provide translations of documents.
The point of contact will nominally be the Registrar from the outset, which is the party to whom the Notice of Arbitration will be addressed. Thereafter, a case officer will be assigned, and that officer will be the main point of contact.
No. Unless otherwise agreed by the parties, the Tribunal shall determine the language to be used in the arbitration. If a party submits a document written in a language other than the language(s) of the arbitration, the Tribunal, or if the Tribunal has not been constituted, the Registrar, may order that party to submit a translation in a form to be determined by the Tribunal or the Registrar.
Parties can appoint a substitute arbitrator in accordance with the procedure of the appointment of the original arbitrators.
Yes. Rule 8 of the SIAC Rules 2016 discusses consolidation. Briefly, conslidation may take place where (a) all parties have agreed; (b) all claims are made under the same arbitration agreement; or (c) the arbitration agreements are compatible, and: (i) the disputes arise out of the same legal relationship(s); (ii) the disputes arise out of contracts consisting of a principal contract and its ancillary contract(s); or (iii) the disputes arise out of the same transaction or series of transactions. Rule 7 discusses joinder. Joinder is appropriate where: (a) the additional party to be joined is prima facie bound by the arbitration agreement; or (b) all parties, including the additional party to be joined, have consented to the joinder of the additional party.
No. Unless the parties have agreed on a documents-only arbitration, the Tribunal shall, if either party so requests or the Tribunal so decides, hold a hearing for the presentation of evidence and/or for oral submissions on the merits of the dispute, including any issue as to jurisdiction.
Absent party agreement, evidence-taking practices are determined by the Tribunal (in consultation with the parties). Typical methods include: (a) discovery (specific discovery after witness statements are exchanged); (b) cross-examination; and (c) hot tubbing (typically for experts). Parties typically agree to incorporate the IBA Rules on the Taking of Evidence in International Arbitration by the first procedural conference.
The median duration of an SIAC arbitration is 11.7 months. The mean is 13.8. This is based on a 2018 study by CMS Holborn Asia: http://www.cms-lawnow.com/ealerts/2018/03/costs-and-duration-a-comparison-of-the-hkiac-lcia-scc-and-siac-studies?_ga=2.62008740.946824904.1521515320-2038661890.1521190603
There is no fixed time frame for general arbitration proceedings, save for the Expedited Procedure.
Yes
Yes. Courts have similar - although more curtailed - powers. For instance, where the International Arbitration Act applies (generally for international arbitrations), the courts do not have the power to order or give directions for security for costs or discovery of documents and interrogatories. Further the application should generally be made to the tribunal or institution first. The court will typically act only if or to the extent that the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively.
Yes, this is set out at Schedule 1 to the SIAC Rules 2016. A party that wishes to seek emergency interim relief may, concurrent with or following the filing of a Notice of Arbitration but prior to the constitution of the Tribunal, file an application for emergency interim relief with the Registrar.
Yes, this is set out in Rule 5 of the SIAC Rules 2016. An application for proceedings to be expedited may be made where the amount in dispute does not exceed S$6m (around USD4.3m), the parties agree, or in a case of exceptional urgency. Where proceedings are expedited, the final Award shall be made within six months from the date when the Tribunal is constituted unless, in exceptional circumstances, the Registrar extends the time for making such final Award.
Yes, by the Registrar in conjunction with the Court of Arbitration.
Costs generally, but do not necessarily, follow the event. Tribunals have the discretion where it comes to awarding costs.
An arbitral award may be set aside in Singapore. The bases for setting aside correspond to the reasons for denial of enforcement according to the New York Convention.