SIAC Rules 2025: Innovation and Enhancement

The Singapore International Arbitration Centre (“SIAC”) has released the 7^th Edition of the SIAC Rules (“SIAC Rules 2025”) which entered into force on 1 January 2025. By updating the previous 6^th Edition of the SIAC Rules (“SIAC Rules 2016”), SIAC Rules 2025 is aimed to achieve fairness and efficiency in the arbitration proceedings as well as the enforcement of the arbitration award.

1.Innovation of SIAC Rules 2025

 a. Streamlined Procedure

SIAC Rules 2025 introduce the Streamlined Procedure as an optional or alternative arbitration procedure, specifically designed for low-value disputes. SIAC Rules 2025 clearly provides that Streamlined Procedure is applicable if the amount in disputes does not exceed S$1,000,000 prior to the constitution of the Tribunal, unless the President of the SIAC Court determines upon application of a party that the Streamlined Procedure shall not apply to the arbitration, or the parties agree to such application.

SIAC Rules 2025 further provides that under the Streamlined Procedure, the arbitration will be presided over by a sole arbitrator and the final award shall be made within 3 (three) months from the date of the constitutions of the tribunal, unless the Registrar extends the time for making such final award. Moreover, the tribunal fees and SIAC’s fees under the Streamline Procedure shall not exceed 50% of the maximum limits based on the amount in dispute under the Schedule of Fees, unless the Registrar determines otherwise.

b. Emergency Interim Relief Proceedings and Protective Preliminary Order

Although previously recognized under SIAC Rules 2016, SIAC Rules 2025 significantly enhance and improve the ability of parties to seek and obtain urgent interim and conservatory measures. In this regard, SIAC Rules 2025 provides that the application for appointment of an Emergency Arbitrator may be filed prior to the filing of the Notice of Arbitration, concurrent with the filing of the Notice of Arbitration or at any time after the filing of the Notice of Arbitration or Response to Notice of Arbitration but prior to the constitution of the Tribunal.

It is worth noting that should the application for appointment of an Emergency Arbitrator be made prior to the filing of the Notice of Arbitration, such Notice shall be filed within 7 (seven) days after the submission of the application for appointment of an Emergency Arbitrator. Meanwhile, the Emergency Arbitrator shall make the order or award within 14 (fourteen) days from the date of appointment, unless the Registrar extends the time. However, an order or award shall cease to be binding, if:

• agreed by the parties;
• decided by the Emergency Arbitrator or the Tribunal;
• the application is considered as withdrawn;
• the Tribunal is not constituted within 90 (ninety) days from the date of the order or award, unless the Registrar extends the time;
• the claims in the arbitration are withdrawn or the arbitration is terminated prior to the issuance of the final award; or
• upon issuance of the final award, unless the Tribunal determines otherwise.

For the avoidance of doubt, the Emergency Arbitrator shall have no power to act after the Tribunal is constituted. The Tribunal may affirm, reconsider, modify, or vacate any order or award issued by the Emergency Arbitrator, including a ruling on its jurisdiction. In addition, an Emergency Arbitrator may not act as an arbitrator in the arbitration, unless otherwise agreed by the parties. Nevertheless, any order or award issued by the Emergency Arbitration shall be binding on the parties from the date it is made and the parties undertake to carry out the order or award immediately and without delay.

SIAC Rules 2025 introduce the protective preliminary order which designates the potential need for immediate and urgent relief to parties in the early stages of disputes while balancing the need to preserve procedural integrity and fairness. In this regard, SIAC Rules 2025 provides that a party may fill a protective preliminary order, prior to notifying any counterparties of the application seeking the appointment of an Emergency Arbitrator.

It is worth noting that any protective preliminary order granted by the Emergency Arbitrator shall expire within 14 (fourteen) days after it was issued. The Emergency Arbitrator may issue an order or award adopting or modifying the protective preliminary order, or granting such other emergency interim relief as appropriate, after all parties have been given an opportunity to present their cases.

c. Coordinated Proceedings

SIAC Rules 2025 introduce provisions for the coordinated resolution of multiple arbitrations involving common legal or factual issues where the same tribunal has been appointed. A party to the arbitration may apply to the Tribunal for the arbitrations to be coordinated, with the following conditions:

• the arbitrations shall be conducted concurrently or sequentially;
• the arbitrations shall be heard together and any procedural aspects shall be aligned; or
• any of the arbitrations shall be suspended pending a determination in any of the other arbitrations.

However, unless the parties agree otherwise, coordinated arbitrations will remain distinct proceedings, with the tribunal required to issue separate decisions, rulings, orders, and awards for each arbitration. The Tribunal may seek the parties’ prior consent or agreement to rely on evidence from the other arbitrations.

d. Preliminary Determination

The SIAC Rules 2025 explicitly grant tribunals the authority to issue preliminary determinations at the request of a party. The preliminary determination mechanism may allow parties to save time and costs by dealing with threshold issues early in the proceedings, thereby potentially narrowing the issues that need to be addressed in subsequent phases of the arbitration.

An application for a final and binding preliminary determination of any issue that arises for determination in the arbitration, if any of the following occurs:

• the parties agree that the Tribunal may determine such an issue on a preliminary basis;
• the applicant is able to demonstrate 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
• the circumstances of the case otherwise warrant the determination of the issue on a preliminary basis.

Subsequently, in the event the application for preliminary determination is allowed to proceed, the Tribunal shall be required to make its decision, ruling, order or award on the application within 90 (ninety) days from the date of the application, unless the Registrar extends the time.

e. Mediation

The SIAC Rules 2025 actively promote the early resolution of disputes by encouraging parties to consider amicable settlement such as mediation including under the SIAC-SIMC Arb-Med-Arb Protocol, at any stages of the arbitration. Parties are invited to provide their views on the use of alternative dispute resolution mechanisms either prior to the filing of the Notice of Arbitration or their Response to the Notice.

In addition, SIAC Rules 2025 prompt the Tribunals to engage with the parties on the potential for settlement during the first case management conference and may suspend proceedings to adopt such amicable settlement at any stage of the arbitration.

2. Enhancement of SIAC Rules 2025

a. Notification and Communication

Although the requirement of the communication and notification under SIAC Rules 2016 is still applicable to SIAC Rules 2025, SIAC Rules 2025 allows the parties to upload all written communication and communication to the SIAC Gateway. Please be advised that SIAC Gateway is SIAC’s cloud-based case management platform, which is likely to make it easier for parties and the tribunal to access the relevant case documents at any point in time, and allow parties to resolve the dispute in a more cost-efficient manner.

 b. Notice of Arbitration and Commencement Date of Arbitration

The SIAC Rules 2025 encourage the applicant to the arbitration to file the Notice of Arbitration through the SIAC Gateway. However, the applicant may also file the Notice of Arbitration as previously recognized under SIAC Rules 2016 by any means of communication that provides or allows for a record of transmission, including by hand, registered mail or courier service, email, or any other means which provides a record of the attempt to deliver it.

SIAC Rules 2025 further provides that the date on which the Notice is received by the Registrar shall be the date of commencement of the arbitration, which further determines by the Registrar whether the Notice does not comply or substantially comply with the requirement under the SIAC Rules 2025. In the event that the Notice does not satisfy the requirement under the SIAC Rules 2025, the Registrar may set a period of time for the claimant to remedy the Notice.

In this regard, the commencement date of the arbitration may be ambiguous in the SIAC Rules 2025 compared to the SIAC Rules 2016. SIAC Rules 2016 provides that the date of the complete Notice by the Registrar is deemed to be the commencement date of the arbitration.

c. Response to Notice of Arbitration

The SIAC Rules 2025 refined the deadline/timeline for the response of the notice by the Respondent to ensure that the Respondent is afforded sufficient time to respond, accounting for any potential delays in receiving the notice.

In this regard, although SIAC Rules 2016 requires the Respondent to file a response to the Notice of Arbitration within 14 (fourteen) days of receiving the Notice, SIAC Rules 2025 clarify the Response to the Notice by the Respondent within 14 (fourteen) days, either from the date the commencement of the arbitration or the date the Respondent’s receipt of the Notice, whichever is later.

d. Jurisdictional Objection

Although previously recognized under SIAC Rules 2016, SIAC Rules 2025 significantly improve a prima facie jurisdictional objection. In this regard, if the respondent fails to submit a response, or if any party raises an objection to the existence, validity, or applicability of the arbitration agreement, the arbitration will still proceed. However, any jurisdictional issues will typically be decided by the Tribunal. An exception arises if, prior to the Tribunal’s constitution, the Registrar determines that the matter should be referred to the SIAC Court for a prima facie determination.

Further, the Registrar refers a matter to the SIAC Court which the Court will assess accordingly on a prima facie basis, whether and to what extent the arbitration should continue. Any decision by the Registrar or the SIAC Court allowing the arbitration to proceed does not prejudice the Tribunal’s authority to rule on its jurisdiction later in the process. Nevertheless, if the SIAC Court decides that the arbitration should not continue, in whole or in part, SIAC Rules 2025 provides that the Registrar must terminate the arbitration in accordance with the Court’s decision.

e. Expedited Procedure

SIAC Rules 2025 refined the threshold on the expedited procedure, which provides that expedited procedure applicable in the following situations:

• at the time of the application, the amount in dispute does not exceed the equivalent amount of S$10,000,000 but exceeds the equivalent amount of S$1,000,000;
• at the time of the application, the amount in dispute does not exceed the equivalent amount of S$1,000,000 and the President has determined the Streamlined Procedure shall not apply to the arbitration; or
• the circumstances of the case warrant the application of the expedited procedure.

f. Notice of Challenge on the Arbitrator

The SIAC Rules 2025 introduce a revised time limit for parties wishing to challenge an arbitrator, which the refinement aims to ensure that challenges are raised promptly while balancing the need for procedural efficiency in arbitration proceedings. In this regard, SIAC Rules 2025 clearly provides that a party shall file the challenge within 15 (fifteen) days (an extension from the previous SIAC Rules 2016, i.e 14 (fourteen) days) from either the date they receive the notice of the arbitrator’s appointment or from the date they become aware or reasonably should have become aware of the circumstances giving rise to the challenge.

g. Third Party Funding

The SIAC Rules 2025 mandate the parties to disclose third-party funding of arbitration, including the funder’s identity and contact details. Tribunals may order these disclosures and consider them when apportioning costs. Parties are prohibited from entering funding agreements after the tribunal is constituted if they create conflicts of interest.

h. Tribunal Secretaries

The SIAC Rules 2025 set of provisions addressing the appointment of Tribunal Secretary, without consent of the Parties. However, with the appointment of the Tribunal Secretary, the Tribunal shall not delegate any of its decision-making functions to the Tribunal Secretary. All tasks carried out by the Tribunal Secretary shall be carried out on behalf of, and under the supervision of, the Tribunal.

i. Environmentally Sustainable Procedures

SIAC Rules 2025 provide a cue for the tribunal to consult with parties on whether it would be appropriate to adopt environmentally sustainable procedures for the arbitration.

j. Publication of Awards and Document Retention

SIAC Rules 2025 provides that SIAC, by written consent of the Parties, may publish a redacted decision, ruling, order, or award of a Tribunal. Nevertheless, SIAC shall maintain an archive of each arbitration commenced for a minimum of 6 (six) years from the date the final award was issued or the arbitration was terminated unless otherwise requested by a party to maintain an archive of arbitration for a longer period.

k. SIAC Schedule of Fees 2025

The costs of the Arbitration under SIAC Rules 2025 are determined by the registrar in accordance with the SIAC Schedule of Fees and the Practice Notes for the time being in force. The cost of the Arbitration consists of the following:

• the Tribunal’s fees and expenses;
• SIAC’s administration fees and expenses;
• the Emergency Arbitrator’s fees and expenses;
• the Tribunal Secretary’s fees and expenses;
• the costs of any expert appointed by the Tribunal and of any other assistance reasonably required by the Tribunal; and
• the Filing Fees.

REMARKS

The SIAC Rules 2025 introduce a significant and comprehensive update to the SIAC Rules 2016, maintaining the core principles of SIAC arbitration while incorporating several important procedural innovations. As a result, these changes are expected to reduce delays, increase cost-effectiveness, and improve overall case management, providing greater certainty and promoting a more efficient resolution of disputes in international arbitration.

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 For further guidance or to understand how these changes may impact your arbitration agreements or ongoing cases, please contact us at info@tnklaw.id or (021) – 2528636.