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Singapore International Arbitration Centre ("SIAC")

A concise overview of the key procedural features, advantages, disadvantages, and practical considerations involved in arbitrations administered by Singapore International Arbitration Centre ("SIAC").

Overview

Overview: advantages and disadvantages

ADVANTAGES DISADVANTAGES 
Strong Institutional Support. SIAC has a well-established Secretariat that actively manages cases, ensuring procedural efficiency and consistency. Limited Customisation Compared to Ad Hoc Arbitration. SIAC’s structured rules may not suit parties seeking highly tailored procedures.
Privacy and confidentiality: The default position is that SIAC arbitration proceedings are private. Parties generally agree that the proceedings shall remain confidential.     Costs Can Escalate in Complex Cases. Although generally cost-effective, cases involving multiple arbitrators, experts, or long hearings can still become expensive.
Cost Transparency and Control. SIAC publishes a clear fee schedule. Costs are generally lower than ICC, and parties can estimate expenses in advance. Limited Appeal or Review Mechanisms. Like most arbitration, SIAC awards are final and binding, with very limited grounds for appeal or challenge.
Ability to choose arbitrator(s). SIAC maintains a diverse panel of arbitrators, suitable for international disputes. Scrutiny. The SIAC has a limited role in scrutinising awards.
Technological Integration. SIAC supports virtual hearings, e-filing, and digital case management, which enhances accessibility and speed.  

Overview: Process

Procedural element Details
Rules
  • The current SIAC Rules came into force on 1 January 2025.
Commencing Proceedings
  • The process is started when a Notice of Arbitration is sent to the other party and the SIAC.
Answer to the Request
  • To be submitted within 14 days from the date of commencement of the arbitration or the date of the Respondent’s receipt of the Notice, whichever is later.
  • Must include the information in Article 7.
Terms of Reference
  • No obligation for the Tribunal to draw up. 
Constitution of the Tribunal 
  • Unless parties have agreed otherwise, a sole arbitrator will be appointed unless it appears to the Registrar that three arbitrators are warranted. 
  • If parties fail to agree on the appointment of a sole arbitrator within 21 days of the commencement of the arbitration, the President shall appoint the sole arbitrator.
 Procedural Order No.1
  • No obligation for the Tribunal to draw up.
Procedural measures
  • The Tribunal has a wide discretion to adopt such procedural measures to ensure effective case management.  This may include bifurcation. 
  • As soon as practicable after the constitution of the Tribunal, the Tribunal shall convene a first case management conference with the parties to discuss the procedures that will be most appropriate and efficient for the case.
Witness evidence 
  • The form and substantive requirements of witness evidence is left to the discretion of the Tribunal. 
  • It is common but not mandatory for there to be a direct oral examination of witnesses. 
Fees & costs
  • Fees are calculated ad valorem.
  • A filing fee and first tranche deposit is due upon the institution's receipt of the reference.
  • Costs are addressed in the Final Award. 

Expedited arbitrations

The Rules provide for both a "Streamlined" and an "Expedited" procedure. The procedures apply as follows:

Streamlined procedure Expedited procedure
  • Where the parties have agreed to the application of the Streamlined Procedure prior to the constitution of the Tribunal; OR
  • The amount in dispute in the arbitration does not exceed the equivalent amount of S$1,000,000 prior to the constitution of the Tribunal.
  • Where the parties have agreed to the application of the Expedited Procedure prior to the constitution of the Tribunal; OR
  • Prior to the constitution of the Tribunal, a party files an application for the arbitration to be conducted in accordance with the Expedited Procedure where the amount in dispute does not exceed S$10,000,000 but exceeds S$1,000,000, OR the amount in dispute does not exceed the equivalent amount of S$1,000,000 and the President has confirmed the Streamlined Procedure shall not apply, OR the circumstances of the case warrant the application of the Expedited Procedure.

Constitution of the tribunal

SIAC has a panel of arbitrators, but if parties have agreed on other arbitrator(s), such other person(s) may be appointed.

Note: Emergency Arbitrators

SIAC allows the appointment of emergency arbitrators. The procedure for applying for the appointment of an emergency arbitrator is set out in Schedule 1 of the Rules. 

Arbitrator conflicts / disclosure of interest

The SIAC enforces a Code of Ethics for an Arbitrator, which requires the arbitrator to accept an appointment only if he/she is fully satisfied that he/she is able to act without bias.

The SIAC requires disclosure of  all facts and circumstances that may give rise to justifiable doubts as to his or her impartiality or independence, including:

1. Past or present personal or business relationships with any party or its representatives, or any person who is a potentially important witness.  

2. The extent of any prior knowledge of the dispute.

Note:

The 2024 IBA Guidelines on Conflicts of Interest in International Arbitration are also applied in practice. A link to those IBA Guidelines can be accessed here.

Consolidation

Article 16 enables the Court to consolidate arbitrations into a single arbitration where: 

1. The parties have agreed to consolidation.

2. All of the claims are made under the same arbitration agreement.

3. The arbitration agreements are compatible and the disputes arise out of the same legal relationship or series of transactions.

 

Pleadings or memorials?

The Rules do not mandate one approach over the other. 

The choice is left to the discretion of the Tribunal. Both styles are common in SIAC arbitrations.

Summary judgment

Under Article 47, a party may apply to the Tribunal for "Early Dismissal" of a claim or defence on the basis that: 

1. The claim is manifestly without legal merit; OR

2. The claim is outside the tribunal's jurisdiction.

 

Security for costs

It is within the Tribunal's power and discretion to order security for costs for all or part of any amount in dispute in the arbitration. Generally, in considering a party's application for security for costs, a Tribunal will consider if there is reason to believe that the other party will be unable to meet an adverse costs order.

Disclosure of documents

The Rules do not provide for the mandatory disclosure of documents.

Hearings

The Tribunal decides whether a hearing is necessary, and if so, it consults with the parties to determine the format, timing and location. 

Hearings may be held in person, virtually, or in hybrid formats, depending on the circumstances and preferences of the parties.

Note: Arbitrations proceeding under the expedited procedure shall be decided on the basis of written submissions and any accompanying documentary evidence, unless any party requests a hearing or the Tribunal decides of its own volition that a hearing would be appropriate.

Registry's role in scrutiny of arbitral awards

The SIAC Registry will scrutinise the Award and suggest modifications to the form of the Award or draw the Tribunal's attention to points of substance.

Appeals

Appeals are precluded. Parties agree to waive all rights of appeal.

Further information

    Model clause
    Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
    The seat of the arbitration shall be [Singapore].
    The Tribunal shall consist of _________________ arbitrator(s).
    The language of the arbitration shall be ________________.
    The law governing this arbitration agreement shall be _________. 

If you would like any further information about SIAC arbitrations, please contact Andrew Robinson (arobinson@dacbeachcroft.com).     

Global Arbitration Map detailing the arbitration landscape around the world 

By clicking on a country or an arbitral body that is highlighted on the map, you can read more about the intricacies of arbitration in those areas. The map will be useful for people who are negotiating contracts and those who have disputes across the world. The map's content was written by lawyers from across DACB's international network of offices as well as friends from firms in other jurisdictions, demonstrating our global arbitration expertise. 

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