Singapore: SIAC Rules 2025 (7th Edition) - steps to further strengthen institutional arbitration

As part of the Singapore International Arbitration Centre’s (“SIAC’s”) continued efforts to evolve and improve efficiency and procedural fairness, the SIAC has revamped its arbitration rules and the 7th Edition of the Arbitration Rules of the Singapore International Arbitration Centre (the “2025 Rules”) have taken effect on 1 January 2025.

The 2025 Rules contain many refinements and tweaks to the previous 2016 edition (the “2016 Rules”). The SIAC states that the 2025 Rules have been developed and further refined based on its experience of administering more than 3,000 cases involving more than 100 jurisdictions under the 2016 Rules. Therefore, based on its experience, the SIAC seems to have focussed on providing users with a wider range of mechanisms to tailor arbitrations for greater effectiveness. 

We highlight some of the key changes introduced in the 2025 Rules below.

New Streamlined Procedure (Rule 13 read with Schedule 2)

The 2025 Rules introduces a new Streamlined Procedure which aims to allow parties to resolve low value disputes with greater efficiency. The Streamlined Procedure will apply where:

(a) The parties have agreed that the Streamlined Procedure shall apply prior to the constitution of the tribunal; or

(b) The amount in dispute does not exceed the equivalent of SGD 1 million, unless the President of the SIAC determines upon application of a party that the Streamlined Procedure shall not apply.

Its key features are:

(a) The arbitration will be conducted by a sole arbitrator, who must issue the award within 3 months of appointment. 

(b) Unless the tribunal determines otherwise, the arbitration will be decided on the basis of written submissions and documentary evidence only and will exclude the provision for requests for document production or the filing of factual or expert witness statements.

(c) In addition, there will be no substantive hearing unless the tribunal determines that it is necessary in the circumstances or unless the tribunal accepts a request for a hearing made by a party.

Expansion of cases eligible for Expedited Procedure (Rule 14)

To complement the introduction of the new Streamlined Procedure, the upper limit for Expedited Procedure as set out in Schedule 3 (Rule 14) has been increased from the equivalent of SGD 6 million to an equivalent of SGD 10 million. 

However, and to ensure that there is no overlap with the Streamlined Procedure, only disputes exceeding the equivalent of SGD 1 million in value are eligible for the revised Expedited Procedure unless the President of the SIAC has determined that the Streamlined Procedure is not appropriate for the arbitration.

Coordinated Proceedings (Rule 17)

The 2016 Rules already contained a suite of provisions targeted at resolving multi-contract disputes, joinder of additional parties and consolidation of multiple arbitrations (see Rules 6 to 8 of the 2016 Rules). These provisions have been revamped in Rules 15, 16 and 18 of the 2025 Rules, and enhanced with the new Rule 17.  It is intended to deliver a coordinated resolution of multiple arbitrations involving common legal or factual issues where the same tribunal has been appointed. In particular, the new Rule 17 seeks to streamline the resolution of multiple complex arbitrations, reduce the risk of conflicting outcomes and avoid duplication of costs across multiple proceedings.
 
Pursuant to Rule 17, a party may apply to the tribunal for the multiple arbitrations to be coordinated such that they are:

(a) conducted concurrently or sequentially; 

(b) heard together with aligned procedural steps; or 

(c) that any of the arbitrations be suspended pending the determination of any of the other arbitrations.

Preliminary Determination (Rule 46)

As per SIAC, new Rule 46 “codifies the inherent power of tribunals to decide different issues at different stages, and provides a cue to parties and tribunals to confidently leverage such procedural mechanisms to achieve efficiency”. 

Pursuant to the new Rule 46, parties may make an application for a final and binding preliminary determination of any issue that arises for determination if: (a) the parties agree; (b) the applicant is able to demonstrate that the determination would save time and costs or expedite the resolution of the dispute; or (c) where the tribunal determines that the circumstances warrant the preliminary determination. 

If the application is allowed, then the tribunal must issue its decision on the preliminary issue within 90 days from the filing the application, subject to the Registrar’s discretion to extend time.

Enhancements to the Emergency Arbitrator procedure and introduction of protective preliminary order applications (Rule 12.1 read with Schedule 1)

Pursuant to new Rule 12, a party may now request the appointment of an Emergency Arbitrator prior to submitting a Notice of Arbitration (“NOA”), with the NOA to be filed within 7 days thereafter. Under the 2016 Rules, applications for emergency interim relief had to be filed concurrently with or following the filing of an NOA. 

The revised Schedule 1 to the 2025 Rules now also expressly permits a party to file an application for emergency interim relief, on an ex parte basis or without notice to the other parties, to request for protective preliminary orders directing the other party or parties not to frustrate the purpose of the emergency interim or conservatory measure requested. If such a protective preliminary order is requested, the emergency arbitrator must determine the protective preliminary order within 24 hours of its appointment.

This is a tremendous new development in equating efficacy of emergency relief in an arbitration set-up as compared to seeking emergency relief from courts. 

Third-party funding arrangements (Rule 38) 

New Rule 38 incorporates and expands on SIAC’s Practice Note PN-01/17 dated 31 March 2017 by requiring parties to disclose the existence of any third-party funding agreement, and the identity and contact details of the third-party funder as soon as practicable upon concluding such a funding agreement. 

Further, the new Rule 38 expressly prohibits a party from entering into a third-party funding agreement following the constitution of the tribunal which may give rise to a conflict of interest with any member of the tribunal.

Additionally, Rule 38.4 empowers the tribunal to make further orders for disclosure in respect of the third-party funding agreement, including details of third-party funder’s interest in the outcome of the proceedings and whether the third-party funder has committed to undertake adverse costs liability. Rule 38.6 then provides that third-party agreements may be taken into account when the tribunal is apportioning costs of the arbitration. 

SIAC Gateway (Rule 4)

In relation to case administration / practice management, SIAC has rolled out SIAC Gateway which is a new cloud-based case management platform with the following functions:

(a) electronic filing; 

(b) an integrated online payment system; 

(c) secure document upload and storage; and 

(d) real-time case management.

The Registrar may now direct parties to upload all written communications to SIAC Gateway upon and following the commencement of the arbitration (Rule 4.2). The Rules also explicitly recognises that parties may file a Notice of Arbitration through SIAC Gateway (Rule 6.1).

The introduction of SIAC Gateway represents a significant shift from the current email-based approach and is likely to provide the tribunal and the parties with improved ease of access to the relevant arbitration papers.