Singapore International Arbitration Centre releases SIAC Rules 2025

The Singapore International Arbitration Centre (“SIAC”) recently unveiled the 7th edition of its Arbitration Rules, which came into effect on January 1, 2025. This update follows extensive consultation with a diverse group of stakeholders, including arbitration practitioners, businesses, in-house counsel, government representatives, and academics.

The 7th edition Arbitration Rules of the SIAC (the “SIAC Rules 2025”) serves as an update to the existing SIAC Rules 2016 (the “SIAC Rules 2016”) and can be found here. This article highlights the key updates in the SIAC Rules 2025 and explores their practical implications for parties, arbitration practitioners as well as tribunals.

Key highlights of the SIAC Rules 2025 include, among other things: (i) the introduction of new procedures (such as the Streamlined Procedure, Preliminary Determination and Coordinated Proceedings); (ii) expansion of cases eligible for expedited procedure; (iii) enhancements to the Emergency Arbitrator procedure; (iv) incorporation of SIAC Gateway; and (v) updated appointment provisions and codification of the power of tribunals to appoint tribunal secretaries in SIAC arbitrations; and (vi) specific provisions encouraging parties to consider mediation.

(I) New procedures

The SIAC Rules 2025 introduce several new procedures, including the Streamlined Procedure, Preliminary Determination, and Coordinated Proceedings.

1. Streamlined Procedure

The Streamlined Procedure (governed by Rule 13 read with Schedule 2 of the SIAC Rules 2025) is designed for low complexity disputes with a value not exceeding S$1 million. Under the Streamlined Procedure, awards are to be made within three (3) months from the date of constitution of the tribunal. The tribunal also has the general power to conduct the streamlined proceedings in a manner that it considers appropriate, and is empowered to set time limits on the expiry of which parties shall not be entitled to file interlocutory applications without leave of the Tribunal.

 2. Preliminary Determination

In addition, parties can apply to the tribunal under Rule 46 of the SIAC Rules 2025 for a final and binding Preliminary Determination of any issue that arises for determination in the arbitration, if one of the following conditions are met: (a) the parties agree that the tribunal may determine such an issue on a preliminary basis; (b) the applicant demonstrates that the determination of the issue on a preliminary basis is likely to contribute to savings of time and costs and a more efficient and expeditious resolution of the dispute; or (c) the circumstances of the case otherwise warrant the determination of the issue on a preliminary basis.

Once a tribunal accepts an application for a preliminary determination, it must render its determination by way of a decision, ruling, order or award on the application, with reasons which may take the summary form within 90 days. The tribunal's power to make a Preliminary Determination under Rule 46 codifies its inherent ability to decide issues at different stages and may encourage the use of Rule 46 compared to the more stringent Rule 47 for Early Dismissal of Claims and Defences.

 3. Coordinated Proceedings

Where the same tribunal is constituted in two or more arbitrations, and a common question of law or fact arises out of the arbitrations, a party may apply under Rule 17 of the SIAC Rules 2025 for Coordinated Proceedings. This has the effect of allowing arbitrations to be conducted concurrently or sequentially, or be heard together and with procedural aspects aligned. An arbitration can also be suspended pending a determination in any of the other arbitrations.

The new procedures added to the SIAC Rule 2025 take into account the increasingly complex scenarios that may arise in arbitration proceedings and aim to help parties and arbitration counsel find innovative solutions to expedite dispute resolution, with a view to reducing the time, costs and resources expended. These changes also provide tribunals with greater flexibility and discretion in managing the arbitration process, enhancing their overall efficiency and cost-effectiveness.

(II) Expansion of cases eligible for Expedited Procedure

The popular Expedited Procedure from the SIAC Rules 2016 is likewise enhanced in the SIAC Rules 2025, with the threshold for parties to request for the Expedited Procedure raised from S$6 million to S$10 million. Parties may also agree for the Expedited Procedure to govern arbitral proceedings prior to the constitution of the tribunal.

(III) Enhancements to Emergency Arbitrator procedure

The SIAC Rules 2025 also aim to enhance protections for parties who require urgent interim measures. Under the SIAC Rules 2016, parties could apply for an Emergency Arbitrator concurrently with or after filing a Notice of Arbitration (“NOA”) but before the tribunal's constitution. With the SIAC Rules 2025, parties can request for an Emergency Arbitrator even before the filing of the NOA, which allows cases that are extremely time-sensitive to take advantage of the Emergency Arbitrator procedure as well (note: the NOA must then be filed within 7 days of the Registrar’s receipt of the Emergency Arbitrator application).

The SIAC Rules 2025 also introduces the new concept of protective preliminary orders. Under Paragraph 25 of Schedule 1, parties can seek such protective orders to direct a party not to undermine or frustrate any requested emergency interim or conservatory measures, even before notifying the other party. The Emergency Arbitrator must decide on such applications within 24 hours of their appointment, and the party against whom the order is directed will have an opportunity to present their case at the earliest practicable time.

(IV) Simplification of processes and increasing collaboration

The SIAC Rules 2025 introduce measures that ease case administration, simplify the process of commencing arbitration and constituting the tribunal.

Under Rule 6.3(d) and (e) of the SIAC Rules 2025, it is no longer mandatory to include a copy of the contract and arbitration agreement in the NOA – a description of the relevant contract and arbitration agreement will suffice.

Additionally, the SIAC Rules 2025 do away with the prevailing default requirement under Rules 3.1(g) and 4.1(d) of the SIAC Rules 2016 for claimants and respondents to nominate and/or comment on the nomination of the arbitrator or sole arbitrator at the initial stage of delivering the NOA or Response to the NOA (“Response”), subject to the parties’ agreement otherwise. Instead, under Rule 6.3(g) of the SIAC Rules 2025, parties are required only to provide “any comment as to… number of arbitrators, and procedure for the constitution of the Tribunal”.

Subject to any such agreement otherwise, the aforesaid amendments provide parties with the opportunity for a more neutral and collaborative approach towards the constitution of the Tribunal at the NOA and Response stages. This will have an impact on parties’ strategy with respect to arbitrator appointments.

(V) Incorporation of SIAC Gateway

SIAC Gateway is SIAC’s newly developed and launched cloud-based management platform that provides features such as electronic filing, an online payment system, secure document and storage for use by parties and tribunals in SIAC arbitrations. SIAC Gateway serves as a transition from the previous system where documents and submissions in arbitrations were filed via e-mail.

Under Rule 4.2 of the SIAC Rules 2025, the Registrar may, after considering the views of the parties and the Tribunal, direct the parties to upload all written communications to SIAC Gateway. 

(VI) Codification of Tribunal’s power to appoint Tribunal Secretaries

Rule 24 of the SIAC Rules 2025 codifies the power of tribunals to appoint tribunal secretaries and the expected and permitted roles of tribunal secretaries. In particular, the tribunal may: (a) after considering the views of the parties and in consultation with the Registrar, appoint a tribunal secretary; or (b) after considering the views of the parties and with approval from the Registrar, appoint a member of the SIAC Secretariat as a tribunal secretary.

In addition, Rule 24 provides that tribunals shall not delegate any of its decision-making functions to the tribunal secretary, and that all tasks carried out by the tribunal secretary shall be carried out on behalf of, and under the supervision of, the tribunal. Tribunal secretaries may also be removed by the tribunal – unless the tribunal secretary is a member of the SIAC Secretariat, in which case the tribunal must consult with the Registrar before removing them. This safeguards any concerns parties may have that tribunals may over-delegate their decision-making responsibilities to tribunal secretaries.

(VII) Encouraging parties to consider mediation

The SIAC Rules 2025 actively encourage the early settlement of disputes. The newly added Rule 32.4 provides that tribunals may consult with parties on whether there is any potential for settlement of all or part of a dispute using amicable resolution methods such as mediation, as soon as practicable after the tribunal’s constitution.

The tribunal also has the codified power under Rule 50.2, unless otherwise agreed by the parties, 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 Arb Med Arb (AMA) Protocol.

Conclusion

The SIAC Rules 2025 introduce significant changes aimed at enhancing and expediting the efficiency of the arbitration process for users and arbitration practitioners. These changes address the increasingly complex procedural issues that have arisen in arbitration proceedings over the years. Amidst the rising costs associated with arbitration, the SIAC Rules 2025 reflect a welcome commitment to modernising the arbitration process with a view to enhancing the effectiveness of this popular dispute resolution mechanism.