The 7th Edition of the SIAC Rules 2025

The 7th Edition of the SIAC Rules 2025

On 1 January 2025, the 7th edition of the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules 2025”) came into force.  

The new Rules introduce new procedures and enhance existing process with the aims of achieving  fairness of the proceedings, efficiency in the conduct of the arbitration proportionate to the amount and complexity of issues in dispute, and enforceability of any award. These include an introduction of a new streamlined procedure for low value / low complexity claims, enhancements to the existing expedited and emergency arbitrator procedures, codification of the tribunal’s power to make preliminary determinations, and more. 

The key changes are summarised below. 

Introduction of Streamlined Procedure (Rule 13, Schedule 2)

The SIAC Rules 2025 introduced the Streamlined Procedure for disputes with an amount not exceeding S$1 million (approximately USD740k) or where parties agree to its application prior to the tribunal’s constitution. 
The Streamlined Procedure is designed for less complex matters and/or low value disputes. Amongst other things, the procedure does not allow parties to make requests for document production and to file any fact or expert witness evidence, unless the tribunal determines otherwise.

Other features of the Streamlined Procedure include: 

1. A sole arbitrator shall be appointed.
2. No hearing is to be conducted unless the tribunal determines otherwise.
3. The final award is to be issued within 3 months of the tribunal’s constitution. 
4. The tribunal’s fees and SIAC administrative fees are capped at 50% of the maximum limits under the Schedule of Fees.

Enhancements to Expedited Procedure (Rule 14, Schedule 3)

The threshold to request for expedited procedure has increased from SGD6 million (approximately USD4.5 million) to SGD10 million (approximately USD7.4 million), with a minimum threshold of SGD1 million unless the Streamlined Procedure is not applicable.

The threshold changes made to the expedited procedure ensures that it does not overlap with the streamlined procedure.

Codification of Tribunal’s Inherent Power to Make a Preliminary Determination (Rule 46)

The SIAC Rules 2025 codifies the tribunal’s inherent power to make a final and binding preliminary determination of any issues prior to the issuance of the final award. This new rule is aimed at instilling confidence in the parties and the tribunal to leverage on the procedural mechanisms to achieve efficiency in the determination of issues which could be dispositive at an early stage.

Under Rule 46, an application may be made to the tribunal on the basis that: 

1. the parties agree; 
2. the issue for preliminary determination is likely to save time and costs and a more efficient and expeditious resolution of the dispute; or 
3. where the circumstances of the case warrants a preliminary determination. 

A tribunal, which accepts an application for preliminary determination, must issue its decision within 90 days from the date of application.

Enhancements to Emergency Arbitrator Procedure and Introduction of Procedure to Apply for New Protective Preliminary Order (Rule 12.1, Schedule 1)

A key change is when an Emergency Arbitrator can be appointed:

1. Under SIAC Rules 2016, the application to appoint an emergency arbitrator is submitted  concurrently with or following the filing of a Notice of Arbitration but prior to the constitution of the Tribunal.
2. Under the SIAC Rules 2025, parties may now apply for an Emergency Arbitrator prior to submitting a notice of arbitration, provided the notice of arbitration is filed within seven (7) days of the application.

Other notable changes include:

1. The application for the appointment of an Emergency Arbitrator may be made without giving notice to the counterparties. 
2. The time to challenge an Emergency Arbitrator is reduced from two days to 24 hours.
3. Parties may also apply for ex parte protective preliminary orders to direct a party not to frustrate the purpose of the emergency measure requested. This application must be determined within 24 hours of the Emergency Arbitrator’s appointment. 
4. The applicant has 12 hours of receiving the protective preliminary order to transmit all case papers, the order and all other communications, to all parties. The act of transmission is to be certified by way of a statement to the Registrar and the Emergency Arbitrator, failing which the protective preliminary order made would expire within 3 days, instead of 14 days.
5. The Emergency Arbitrator is empowered, prior to the constitution of the Tribunal, to reconsider, modify or vacate any order or award and/or make an additional order or award for emergency interim relief not yet decided in previous order or award.
6. The situations when an order or award issued by the Emergency Arbitrator ceases to be binding now includes if parties so agree or the Emergency Arbitrator so decides or the application is withdrawn.

Introduction of Coordinated Proceedings (Rule 17)

Complementing the existing suite of provisions dealing with consolidation and joinder, the 2025 SIAC Rules introduced an option for coordinating proceedings when the same tribunal has been constituted in multiple arbitrations in which the same question of law or fact arises. 

Pursuant to the new Rule 17, a party may request that arbitrations be conducted concurrently or sequentially, be heard together, or one of the arbitrations be suspended pending the conclusion of any of the other arbitrations.

All coordinated arbitrations remain as separate proceedings, for which the Tribunal shall issue separate decisions, unless otherwise agreed by the parties.

This provision seeks to streamline proceedings and enhance efficiency involving multiple arbitrations. At the same time, it can also lower duplication of costs for all parties across multiple proceedings.

Enhancements to Third-Party Funding (Rule 38)

Since 2017, Singapore has permitted third-party funding in international arbitration and related court or mediation proceedings. 

The SIAC Rules 2025 codifies and expands on the previous guidance issued by the SIAC Practice Note (PN – 01/17) in relation to third-party funding of international arbitrations.

Under the new Rule 38:

1. Parties must disclose the existence of any third-party funding agreement and the identity and contact details of the third-party funder, upfront in its Notice of Arbitration or Response to Notice of Arbitration, or as soon as practicable upon concluding a third-party funding agreement. 
2. Upon the constitution of a Tribunal, parties cannot enter into a third-party funding agreement which may give rise to a conflict of interest with any member of the Tribunal.
3. Tribunal may take into account any third-party funding agreement in apportioning costs.

A table setting out the abovementioned provisions of the SIAC Rules 2025 and, where applicable, comparing the new rules with their predecessor versions in the SIAC Rules 2016, are set out in Annex A.

Other notable features of the 2025 Rules:

1. Integration of SIAC Gateway (Rule 4): The SIAC Gateway is SIAC’s cloud-based case management platform allowing for electronic filing (including a Notice of Arbitration), online payment system and document storage, at no additional cost. The SIAC Gateway is now integrated into the SIAC Rules 2025 as part of its case management provisions. For example, under the new Rule 4, upon notification of the commencement of the arbitration and at any stage thereafter, the Registrar may direct parties to upload all written communications to SIAC Gateway.
2. Changes to the prescribed grounds for jurisdictional objections (Rule 8): Under the SIAC Rules 2016, prior to the constitution of the Tribunal, if any party objects to the (a) existence or validity of the arbitration agreement or (b) to the competence of SIAC to administer an arbitration, the SIAC Court may make a prima facie determination (ref. Rule 28.1). Under the SIAC Rules 2025, the prescribed grounds are now whether (a) the respondent is not participating in the proceedings, or (b) any party objects to the existence, validity or applicability of an arbitration agreement (see Rule 8.1).  
3. Tribunal’s approval for change in counsel (Rule 10.5): After the constitution of the Tribunal, any change by a party to its representatives must be first proposed to the Tribunal. The Tribunal may withhold approval of any proposed change where it could compromise the composition of the Tribunal or the integrity of the proceedings.
4. Administrative conference (Rule 11): The Registrar is now empowered to conduct administrative conferences with the parties to discuss any procedural or administrative directions, prior to the constitution of the Tribunal. 
5. Promotion of the use of amicable dispute resolution methods (Rules 32.4 and 50.2): To encourage early settlement of disputes, the Tribunal is encouraged to, at the first case management conference, consult with the parties on the prospects of settlement of all or part of the dispute, through the use of amicable dispute resolution methods such as mediation under the SIAC-SIMC AMA Protocol (see Rule 32.4). In addition, the Tribunal is empowered to suspend the proceedings to allow parties to adopt such amicable dispute resolution methods at any stage of the arbitration (see Rule 50.2(l)).  
6. Deadline for submission of awards (Rule 53): Under the SIAC Rules 2016, the deadline for the Tribunal to submit its draft award to the SIAC for scrutiny was 45 days from the date on which the Tribunal declares the proceedings closed (ref. Rule 32.3). The SIAC Rules 2025 now requires the Tribunal to submit its draft award for scrutiny within 90 days from the last oral or written submission by the party (see Rule 53.2).
7. Introduction of information security measures (Rule 61): The SIAC Rules 2025 now provides for provisions aimed at protecting information that is shared, stored or processed in relation to the arbitration. At the first case management conference and any other appropriate stage of the proceedings, the Tribunal shall discuss with the parties the information security measures and, taking into account the circumstances of the case and the best practices on information security, the Tribunal may give directions to the parties in that regard (see Rule 61.2). Sanctions, damages or costs may be ordered against a party who fails to take necessary steps to comply with the measures ordered by the Tribunal (see Rule 61.3). 

Conculsion

This is the first time since 2016 that the SIAC Rules have received a major update. It will be interesting to see if there is a significant uptake on the new procedures, particularly the Streamlined Procedure, and to receive user feedback on the new Rules. 

If you would like further information or advice around this topic, please contact your respective partner from Clyde & Co Clasis Singapore team.