The 2025 Rules make several changes to the previous sixth edition of the Arbitration Rules of the SIAC (“the 2016 Rules”), and introduce new procedures aimed at enhancing fairness and efficiency of the proceedings. Key updates from the prior edition include emergency arbitration, coordinated proceedings, third-party funding, streamlined and expedited procedures, and preliminary determinations.
Emergency Arbitrator Procedure (Rule 12.1 and Schedule 1)
An important change in the new rules is a more robust procedure for Emergency Arbitration. Parties are now allowed to seek an ex parte protective preliminary order. There was a concern that notice often slows down an Emergency Arbitration and so now a party can seek urgent interim relief without having to first issue notice to the other parties (i.e. ex parte proceedings). Parties may also apply for a preliminary order directing another party from taking any action that could frustrate the effectiveness of the emergency measure requested. In an attempt to safeguard the enforceability of such orders in national courts and potential due process challenges, the 2025 Rules adopt a series of timelines.
Upon filing the application, SIAC would appoint an Emergency Arbitrator within 24 hours, unless there is an agreement otherwise. The Emergency Arbitrator is then required to decide on the request within 24 hours. Where a protective preliminary order is granted, the applicant must promptly serve it on the counterparty within 12 hours, failing which the order expires three days from issuance. The Emergency Arbitrator is to provide an opportunity to the other party at the earliest practicable time and decide on any objections filed. A protective preliminary order would expire 14 days after the date it was issued but note such orders can be adopted or modified as an award after affording each party an opportunity to present its case.
Under the 2016 Rules, the parties had to make an emergency arbitration application concurrently with, or following filing of the Notice of Arbitration. Under the 2025 Rules, parties can request the appointment of an Emergency Arbitrator before filing a Notice of Arbitration (provided the Notice of Arbitration is then filed within seven days). This development positions SIAC as one of the first major international arbitration institutions to expressly authorise ex parte emergency relief. This is a sensible change and addresses the demands of parties. Put simply, the new procedure provides arbitration users with a strategic option for safeguarding their interests and especially in cases where notifying the opposing party of an emergency relief application could undermine the objective of the emergency measure.
Coordinated Proceedings (Rule 17)
To tackle the increasing complexity of multi-contract and multi-party cases, SIAC has now introduced an additional mechanism for coordinated proceedings where the same tribunal is constituted in multiple arbitrations in which similar factual or legal issues arise. A party can request for related proceedings to be heard concurrently, sequentially, or with aligned procedural timelines, or may seek suspension of one arbitration pending the determination of another.
Where the arbitrations are coordinated, they will remain separate, and the tribunal will issue awards for each arbitration. This could be an advantage for parties to conduct multiple proceedings that cannot be consolidated. Coordinated proceedings ought to reduce duplication of effort and reduce the risk of inconsistent outcomes across related arbitrations. In short, this is another sensible amendment in the 2025 Rules.
Third-Party Funding Arrangements (Rule 38)
The 2025 Rules require parties to disclose the existence of third-party funding, along with the funder’s identity and contact details, as soon as practicable. This requirement allows parties, counsel and arbitrators to check that there are no conflicts of interest. The fact that tribunals may demand additional disclosures is sensible. New funding arrangements that might create conflict of interests with the tribunal are not permitted once the tribunal is in place. Tribunals are also empowered to consider the third-party funding when apportioning costs. Costs shifting is ordinarily hard to predict and it will be interesting to see how this power is operated in practice.
Again, this is a sensible amendment and provides a candid framework that aligns with the emerging international standards on third-party funding. It reflects several jurisdictions which are adopting measures to better regulate third-party funding, including, of course, Singapore’s own national legal framework
Streamlined Procedures (Rule 13, Schedule 2)
The 2025 Rules also introduce a “Streamlined Procedure” for low value and less complex matters. The procedure applies where the amount in dispute does not exceed SGD 1 million, unless otherwise determined by the President on an application by a party, or where the parties agree to apply the procedure.
If applied, the arbitration will be conducted by a sole arbitrator, who is required to make an award within three months from the date the tribunal is constituted, and the tribunal’s fees and SIAC administrative fees will be capped at 50% of the maximum limits under the applicable Schedule of Fees. The procedure does not allow for requests for document production, filing of factual or expert witness statements, or oral hearings, unless otherwise decided by the tribunal.
Parties continue to have an option to adopt the “Expedited Procedure” under Rule 14, which envisages an award to be made within 6 months from the date the tribunal was constituted. It is worth noting that after the introduction of the Streamlined Procedure, the threshold for the Expedited Procedure increased from SGD 6 million to SGD 10 million, with a minimum threshold of SGD 1 million.
Preliminary Determination (Rule 46)
The 2025 Rules codify a tribunal’s inherent power to make final and binding decisions on a preliminary basis. Under this framework, a party may apply for preliminary determination on the basis that (a) there is agreement by both parties; (b) preliminary determination is likely to save time and costs; or (c) the circumstances of the case warrant it. Where the tribunal accepts the application, it must render its decision, ruling, or award within 90 days of the application’s filing.
Other Notable Changes
- Administrative Conference (Rule 11): Rule 11 allows the Registrar to conduct conferences with the parties, prior to the constitution of the tribunal, to discuss any procedural or administrative directions. This is a good change and will help counsel.
- Challenge of Arbitrators (Rule 26.1): Rule 26.1 introduces a new ground for challenging an arbitrator, where the arbitrator becomes de jure or de facto unable to perform his or her functions
- Active Promotion of the Use of Mediation (Rules 32.4 and 50.2): The Rules continue to encourage the early settlement of disputes by empowering tribunals to (1) prompt parties to consider amicable dispute resolution methods such as mediation at the first case management conference, and (2) make any directions to allow parties to adopt such methods at any stage of the arbitration.
- Issues for Determination (Rule 34.1): Tribunals are required to work with the parties and use reasonable efforts to identify the issues to be determined in the arbitration and record these in a procedural order. This is not always easy and very much dependent on the purpose of the list of issues and the stage of the proceedings.
- Witness Preparation (Rule 40.5): This underscores that counsel can meet witnesses prior to his or her appearance to give oral evidence. This is now fairly standard, and a party and its representatives should aim that the evidence of fact witnesses reflects their own account of the relevant facts and the evidence of experts reflects their genuinely held opinions.
The SIAC Rules 2025 introduce sensible improvements in line with some other institutions. A number of elements such as “List of Issues”, use of mediation and Rule 40.5 are typically picked up by tribunals in Procedural Order No. 1 but it is good to see these codified in the 2025 Rules. The ex parte emergency arbitration procedure and the administrative conference are the two provisions that stand out. Often, arbitrations are too slow at the start and Rule 11 may just give tribunals the ‘push’ to expedite the first case management conference and Procedural Order No.1. Overall, SIAC should be congratulated on the 2025 Rules.
