Singapore International

Arbitration Centre
(SIAC) Arbitration Rules
2013

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 conict
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 le 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 nal 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 partys 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 xed by
the parties or by the Registrar, the third
arbitrator, who shall act as the presiding

Art. 10 (Qualications 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 qualications 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 justiable
doubts as to the arbitrators impartiality or
independence or if the arbitrator does not
possess any requisite qualication 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)
COURTS 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 nal 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
quantiable 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 satised that a valid arbitration agreement
under the Rules may exist. The proceedings shall be
terminated if the Court is not so satised. 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 justied.

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 nal 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 nal
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 nal 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.