Singapore International Arbitration Centre (SIAC) Arbitration Rules2013

Article 1 (Scope of Application)• Where parties have agreed to refer their disputes to SIAC for

arbitration, the parties shall be deemed to have agreed that the arbitration shall be conducted and administered in accordance with these Rules. If any of these Rules is in conflict with a mandatory provision of the applicable law of the arbitration from which the parties cannot derogate, that provision shall prevail. (Section 1.1, SIAC Arbitration Rules 2013)

Article 3 & 4 (Notice of Arbitration; Response)• A party wishing to commence an arbitration (the

“Claimant”) shall file with the Registrar a Notice of Arbitration. (Section 3.1)• It must contain the demand, basic information of the

parties and the contract in dispute.• The date of receipt of the complete Notice of Arbitration

by the Registrar shall be deemed the date of commencement of the arbitration. (Sec. 3.3)• The Respondent shall send to the Claimant a Response

within 14 days of receipt of the Notice of Arbitration. Sec. 4.1)• A response usually contains a brief statement of the

nature of the counterclaim and comments.

Article 6 (Number and Appointment of Arbitrators)• A sole arbitrator shall be appointed unless the parties have

agreed otherwise or unless it appears to the Registrar, giving due regard to any proposals by the parties, the complexity, the quantum involved or other relevant circumstances of the dispute, that the dispute warrants the appointment of three arbitrators. (Sec. 6.1)

• IF NO ARBITRATOR WAS APPOINTED BY PARTIES: The President shall appoint an arbitrator as soon as practicable. Any decision by the President to appoint an arbitrator under these Rules shall be final and not subject to appeal. (Sec. 6.4)

• The President, however, may choose to appoint a nominee that was already suggested by the parties. (Sec. 6.5)

Article 7 (Sole Arbitrator)• If a sole arbitrator is to be appointed, either party may

propose to the other the names of one or more persons, one of whom would serve as the sole arbitrator. Where the parties have reached an agreement on the nomination of a sole arbitrator, Rule 6.3 shall apply. (Sec. 7.1)

• If within 21 days after receipt by the Registrar of the Notice of Arbitration, the parties have not reached an agreement on the nomination of a sole arbitrator, or if at any time either party so requests, the President shall make the appointment as soon as practicable. (Sec. 7.2)

Article 8(Three Arbitrators)

• If three arbitrators are to be appointed, each party shall nominate one arbitrator. • If a party fails to make a nomination within 14 days after

receipt of a partyʼs nomination of an arbitrator, or in the manner otherwise agreed by the parties, the President shall proceed to appoint the arbitrator on its behalf.• Unless the parties have agreed upon another procedure

for appointing the third arbitrator, or if such agreed procedure does not result in a nomination within the time limit fixed by the parties or by the Registrar, the third arbitrator, who shall act as the presiding arbitrator, shall be appointed by the President.

Art. 10 (Qualifications of Arbitrators)• Any arbitrator, whether or not nominated by the parties,

conducting an arbitration under these Rules shall be and remain at all times independent and impartial, and shall not act as advocate for any party.

• PRESIDENT – may regard the qualifications of an arbitrator dependent on the parties’ agreement. He may also consider the availability of an arbitrator or his ability to determine the case in a prompt and efficient manner.

Article 11, 12 (Challenge of Arbitrators, Notice)• Any arbitrator may be challenged if circumstances exist

that give rise to justifiable doubts as to the arbitratorʼs impartiality or independence or if the arbitrator does not possess any requisite qualification on which the parties have agreed.• Subject to Rule 10.6, a party who intends to challenge an

arbitrator shall send a notice of challenge within 14 days after the receipt of the notice of appointment of the arbitrator who is being challenged or within 14 days after the circumstances mentioned in Rule 11.1 or 11.2 became known to that party.

Article 12, 13 (Notice of Challenge; Decision)• REGISTRAR receives notice of challenge by the party, then it

will be sent also simultaneously as notice to the other party.• REGISTRAR may suspend arbitration proceedings until the

challenge is resolved.• Challenged arbitrator may withdraw from his office.• HOW LONG TO DECIDE ON CHALLENGE? 7 days.• COURTS may decide if parties do not agree to the challenge

and the arbitrator does not withdraw voluntarily.• If COURT sustains the challenge: Substitute arbitrator shall be

appointed following the procedure provided in Rules 6, 7, 8, and 9.

• If COURT rejects challenge: the challenged arbitrator shall be entitled to proceed in the arbitration.

Article 13 (Decision on Challenge)

• COURT’S decision is FINAL and cannot be APPEALED.

Article 16, 17 (Conduct of Proceedings; Submission)• TRIBUNAL shall conduct the arbitration as appropriate as

they may deem to ensure a fair, economical, and final resolution to the dispute.• TRIBUNAL shall determine relevance and materiality of

all evidence. It need not be admissible in court.• TRIBUNAL shall conduct preliminary hearing with the

parties to discuss the procedure that will be most efficient for the parties.

Article 17 (Submission)• Unless already submitted pursuant to Rule 3.2, the Claimant shall,

within a period of time to be determined by the Tribunal, send to the Respondent and the Tribunal a Statement of Claim setting out in full detail:

• a. a statement of facts supporting the claim;• b. the legal grounds or arguments supporting the claim;• and• c. the relief claimed together with the amount of all quantifiable

claims.• Unless already submitted pursuant to Rule 4.2, the Respondent

shall, within a period of time to be determined by the Tribunal, send to the Claimant a Statement of Defence setting out its full defence to the Statement of Claim, including without limitation, the facts and contentions of law on which it relies. The Statement of Defence shall also state any counterclaim, which shall comply with the requirements of Rule 17.2.

Article 17• Next step is the party can send a STATEMENT OF DEFENSE to

the COUNTERCLAIM.• Parties may amend their claims, but it must not go BEYOND

the scope of their agreement.• FALLS OUT OF TIME (Claimant) – TRIBUNAL may terminate the

proceedings OR give such other directions.• FALLS OUT OF TIME (Respondent) – TRIBUNAL may proceed

with arbitration.

Article 18 Seat of Arbitration• The parties may agree on the seat of arbitration. Failing such

an agreement, the seat of arbitration shall be Singapore, unless the Tribunal determines, having regard to all the circumstances of the case, that another seat is more appropriate.

• The Tribunal may hold hearings and meetings by any means it considers expedient or appropriate and at any location it considers convenient or appropriate.

Article 21 Hearings

• Unless the parties have agreed on 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 without limitation any issue as to jurisdiction.

Article 25 (Jurisdiction of Tribunal)

• If a party objects to the existence or validity of the arbitration agreement or to the competence of SIAC to administer an arbitration before the Tribunal is appointed, the Registrar shall determine if reference of such an objection is to be made to the Court. If the Registrar so determines, the Court shall decide if it is prima facie satisfied that a valid arbitration agreement under the Rules may exist. The proceedings shall be terminated if the Court is not so satisfied. Any decision by the Registrar or the Court is without prejudice to the power of the Tribunal to rule on its own jurisdiction.

Article 25• The Tribunal shall have the power to rule on its own

jurisdiction, including any objections with respect to the existence, termination or validity of the arbitration agreement. For that purpose, an arbitration agreement which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the Tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration agreement. PRINCIPLE OF COMPETENCE-COMPETENCE applies.

Article 26(Interim Measures)

• The Tribunal may, at the request of a party, issue an order or an award granting an injunction or any other interim relief it deems appropriate. The Tribunal may order the party requesting interim relief to provide appropriate security in connection with the relief sought.

Article 27(Applicable Law)

• The Tribunal shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the Tribunal shall apply the law which it determines to be appropriate.

Article 32(Waiver of Right to Object)

• A failure by any party to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such party to make such an objection, unless such party can show that, under the circumstances, its failure to objectwas justified.

Article 34(Form and effect of award)

• The arbitral tribunal may 0on different issues at different times• All awards shall be made in writing and shall be

final and binding on the parties. The parties shall carry out all awards without delay.

Article 35(Applicable Law)

• The arbitral tribunal shall apply the rules of law designated by the parties as applicable to the substance of the dispute

Article 36(Settlement or other grounds for termination)

• before the award is made, the parties agree on a settlement of the dispute, the arbitral tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by the parties and accepted by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.• If, before the award is made, the continuation of the

arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph 1, the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings

Article 37(Interpretation of award)

•Within 30 days after the receipt of the award, a party, with notice to the other parties and theInternational Bureau, may request that the arbitral tribunal give an interpretation of the award• The interpretation shall be given in writing

within 45 days after the receipt of the request.

Article 42 (Allocation of Costs)

• The costs of arbitration shall in principle be borne by the unsuccessful party or parties.• The arbitral tribunal shall in the final award or, if

it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs..

Article 43 (Deposit of Costs)

• The International Bureau, following the commencement of the arbitration, may request the parties to deposit an equal amount as an advance for the costs• After a termination order or final award has been

made, the International Bureau shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.