New Arbitration Rules of the Singapore International Arbitration Centre (SIAC): Advancing procedural efficiency

The Singapore International Arbitration Centre (SIAC) is a globally important arbitration institution and has been outperforming Hong Kong in Asia for several years now. The SIAC is also becoming increasingly relevant for German and European parties in international disputes, with non-Singaporean parties involved in over 90 % of the arbitrations it administers.

Almost nine years after the last reform of the SIAC Arbitration Rules in 2016, the SIAC has now published revised Arbitration Rules, which came into effect on 1 January 2025 and apply to all arbitrations commenced from that date.^[1] The new SIAC Arbitration Rules are the result of a long reform process and include extensive innovations compared to the previous version. One of the aims of the revision was to make SIAC arbitration even more efficient. By doing so, the SIAC aligns itself with other arbitration institutions in addressing the ever-present challenge of keeping the duration and costs of arbitration proceedings under control. However, the SIAC goes beyond the solutions offered by other arbitration institutions by introducing tools that have not been used before.

The main innovations of the SIAC Arbitration Rules include the extended applicability of the expedited and streamlined procedures as well as various tools to expedite regular SIAC arbitration proceedings.

Increase in Procedural Efficiency

To make SIAC arbitrations generally more cost- and time-efficient, the SIAC Arbitration Rules introduce innovations for different procedural steps and situations:

• Even before the arbitral tribunal is constituted, the SIAC-Registrar is empowered to convene an administrative conference to discuss measures to enhance procedural efficiency with the parties. Traditionally, as is also customary under the arbitration rules of other international arbitration institutions, a case management conference only takes place after the arbitral tribunal has been appointed. Especially when dealing with unusual situations, it seems prudent to address initial procedural questions early on to establish an efficient framework for the proceedings from the very beginning.
• Particularly at the beginning, but also at later stages of the arbitration, the parties should discuss the possibility of an amicable settlement of the dispute. The SIAC Arbitration Rules refer to mediation conducted in accordance with the rules of the Singapore International Mediation Centre (SIMC) as part of a combined arbitration and mediation procedure (SIAC-SIMC Arb-Med-Arb Protocol). The suggestion that the parties consider a settlement as early as possible and at every stage of the proceedings is likely to be familiar to German parties in particular. Article 26 of the Arbitration Rules of the German Arbitration Institute (DIS) also contains a provision encouraging the arbitral tribunal to promote a settlement between the parties at every stage of the proceedings.
• Furthermore, the new SIAC Arbitration Rules govern the arbitral tribunal’s authority to determine individual arbitration issues on a preliminary basis at an early stage (Preliminary Determination). An application submitted unilaterally by one of the parties to the arbitration will also be admissible, and will be justified if the applicant can demonstrate that resolving a specific issue early in the proceedings would save time and cost in relation to the overall proceedings. The arbitral tribunal must then issue a decision within 90 days. This unilateral option is a novelty compared to other arbitration rules, particularly in international arbitration proceedings, and has the potential to reduce the issues in dispute at an early stage.
• Where the same arbitral tribunal addresses questions of law or fact in multiple arbitration proceedings, the SIAC Arbitration Rules now expressly allow these proceedings to be coordinated (Coordinated Proceedings). In particular, procedural aspects of arbitration are to be coordinated to prevent conflicting decisions and avoid potential inefficiencies. Specifically, the still legally independent arbitration proceedings can be conducted concurrently, sequentially or heard together. While this is undoubtedly a sensible provision, its practical relevance remains to be seen, as it is often the case that the same arbitral tribunal does not operate in parallel proceedings and parallel proceedings before other courts are not subject to identical arbitration rules.

Alternative Procedures

In addition to a traditional SIAC arbitration, the SIAC Arbitration Rules now offer parties two additional options for conducting their proceedings in a more time- and cost-efficient manner:

• The introduction of a Streamlined Procedure is new. Under the new SIAC Arbitration Rules, this procedure will generally apply automatically to disputes with a value up to SGD 1.0 million (approximately EUR 700,000). Moreover, parties can agree on the use of this procedure regardless of the dispute’s monetary value. In the Streamlined Procedure, a sole arbitrator must resolve the dispute within three months of their appointment. In principle, the decision should be based solely on written submissions without requiring fact witness evidence, expert reports or oral hearings. As such, the Streamlined Procedure is particularly well-suited for disputes that primarily involve legal questions and may well resemble German proceedings restricted to documentary evidence (Urkundenprozess) in its approach.
• For disputes involving amounts between SGD 1.0 million and SGD 10 million (approximately EUR 7.0 million), the SIAC Arbitration Rules now generally provide for the use of the Expedited Procedure. In other cases, the SIAC may also order an Expedited Procedure on application if the circumstances of the case warrant it. In the Expedited Procedure too, a sole arbitrator is usually appointed to preside over the case and is required to conclude the proceedings within six months of their appointment. In order to expedite proceedings, it is generally intended that hearings, if held at all, take place virtually, and document production is excluded or significantly limited. Under the previous rules, the Expedited Procedure applied to all proceedings with an amount in dispute of up to SGD 6.0 million (approximately EUR 4.25 million) or in cases of exceptional urgency. Due to the expanded scope of application, a further increase in expedited proceedings is expected. In 2023, such cases accounted for approximately 6 % of all SIAC arbitrations.

In addition, the SIAC has fundamentally revised its rules on Emergency Arbitrator Procedures. In future, applications for interim relief through an emergency arbitrator will also be possible, even if the main arbitration proceedings have not yet been initiated or are not initiated simultaneously with the application for emergency interim relief. The applicant now has seven days after initiating the Emergency Arbitrator Procedure to file an application for arbitration in the main proceedings. In addition, under the new SIAC Rules, it is now possible to issue protective preliminary orders on an ex parte basis, meaning without hearing the opposing party. Regardless of questions concerning the international enforceability of arbitral decisions on interim relief, the SIAC has significantly improved the ability to obtain emergency interim relief at short notice.

Other Innovations

The SIAC Arbitration Rules also include other elements of modern arbitration rules, making them a welcome update for SIAC arbitration proceedings:

• From now on, communication in SIAC arbitrations will primarily take place via the digital case management platform, SIAC Gateway.
• As under other arbitration rules (e.g. Article 11(7) of the International Chamber of Commerce (ICC) Arbitration Rules), parties in SIAC arbitrations will in future be required to disclose third-party funding. This is intended to improve transparency and minimize potential conflicts of interest involving arbitrators as far as possible.
• The parties to SIAC arbitrations are required to implement measures to maintain the information security of the proceedings. The arbitral tribunal is explicitly empowered to issue orders or (partial) arbitral awards against a party that fails to take the necessary steps to protect sensitive data.
• The common practice of appointing a tribunal secretary is now explicitly addressed in the SIAC Arbitration Rules, including detailed provisions on the role of the secretary.
• The SIAC may, with the consent of the parties, publish arbitral awards in anonymized form to contribute to the development of the law.

By introducing the revised Arbitration Rules, the SIAC has created strong foundations for continuing to play an important role in international arbitration in the future. In particular, the introduction of an even more expedited procedure for less complex and lower-value disputes could be a compelling reason for many parties to consider adopting the SIAC Arbitration Rules. The increased focus on structuring proceedings at an early stage and identifying and, if necessary, resolving individual issues can also contribute significantly to enhancing procedural efficiency. At the same time, however, internationally operating companies should be aware of the relatively high monetary thresholds for applying the standard, non-expedited procedure. These thresholds may result in the more frequent applicability of the expedited and streamlined procedures under the SIAC Arbitration Rules. Companies should therefore adjust their dispute resolution clauses accordingly if they do not wish to adopt these special procedural frameworks by default.

 

 

 

[1] The SIAC Arbitration Rules 2025 are available here: https://siac.org.sg/siac-rules-2025