Introduction
The SIAC Rules 2025 reflect the first revisions to the Rules in over eight years, since the 2016 edition. During this time, international arbitration has seen transformative changes, including the growth of third-party funding, increasing use of tribunal secretaries and heightened awareness of cybersecurity risks, as well as increased calls for arbitration to be quicker and more effective.
The new Rules aim to address these developments while prioritising efficiency, cost-effectiveness and procedural integrity. They have been developed following a year-long consultation process and benefit from the SIAC’s extensive case management experience.
Key highlights of the new Rules include the Streamlined and Expedited Procedures for cheaper and faster resolutions, enhanced emergency arbitrator provisions and greater transparency in third-party funding disclosures. These enhancements are intended to ensure that the SIAC remains a leader in the international arbitration arena.
Faster and more cost-efficient arbitrations: Streamlined and Expedited Procedures
The new Rules introduce a Streamlined Procedure for disputes of low value and complexity, where the amount in dispute is below S$1 million (approximately US$750,000), or where the parties agree to it. This procedure aims to provide a fast and cost-effective resolution while preserving the parties’ autonomy and procedural fairness. The tribunal must publish its final award within three months of its constitution, and both the tribunal’s fees and SIAC’s administrative fees are capped at 50% of the maximum limits under the Schedule of Fees.
Given the introduction of the Streamlined Procedure, the disputes value threshold for the Expedited Procedure has been increased to S$10 million (approximately US$7.5 million). Under the Expedited Procedure, the tribunal must publish its final award within six months of its constitution.
The Streamlined and Expedited Procedures are both determined by a sole arbitrator based on documents only, unless a hearing is considered necessary. These procedures may facilitate the prompt and cost-effective disposal of cases by restricting document production requests and the filing of fact or expert witness evidence.
To pre-empt arguments of inconsistency with the terms of arbitration agreements, particularly those providing for a multi-member tribunal, the new Rules expressly state that the Streamlined and Expedited Procedures override any inconsistent terms in the arbitration agreements.
Enhanced Emergency Arbitrator Procedure
The Emergency Arbitrator Procedure is a popular feature of the SIAC Rules. The new Rules enhance this procedure by allowing claimants to apply for urgent interim or conservatory relief before filing their Notice of Arbitration (the Notice), provided the Notice is filed within seven days thereafter.
Parties may also apply on an ex parte basis for a protective preliminary order, which the Emergency Arbitrator must determine within 24 hours of appointment. A protective preliminary order directs another party not to frustrate the purpose of the emergency interim or conservatory measure requested and expires after 14 days. The Emergency Arbitrator may issue further orders or awards after hearing from all the parties.
Constitution of the tribunal
Although the draft Rules published for consultation proposed a list procedure for selecting arbitrators, the list procedure does not feature in the new Rules. The new Rules do however include new features with the intention of enhancing fairness in arbitrator appointments.
If the method of tribunal appointment stipulated by an arbitration agreement creates a substantial risk of unequal treatment affecting the award’s validity or enforceability, the president of the SIAC (the President) may take any necessary measures to constitute an independent and impartial tribunal. Additionally, where the parties are of different nationalities, the President shall appoint a sole or presiding arbitrator of a different nationality, unless otherwise agreed. Finally, to address common concerns about arbitrators’ availability, the new Rules require the President to consider a potential arbitrator’s availability to conduct the arbitration promptly and efficiently.
Award
The new Rules provide parties with more certainty on award timelines by requiring the tribunal to submit its draft award to the SIAC Secretariat within 90 days of the last directed submission. They also now address situations where a court remits an award to the tribunal.
Third-party funding
Parties must disclose any third-party funding agreements and the funder’s identity and contact details in the Notice, the Response or as soon as practicable. Once the tribunal is constituted, the parties cannot enter into third-party funding agreements that may create conflicts of interest. The tribunal may order further disclosures regarding the funding arrangement, such as the funder’s interest in the outcome of the proceedings and commitment to adverse costs liability, and may consider third-party funding agreements when apportioning costs.
Amicable dispute resolution (ADR) methods
The new Rules encourage the use of ADR methods throughout the arbitration. Notably, the Notice and the Response may include comments on the adoption of ADR methods such as mediation under the SIAC-SIMC Arbitration-Mediation-Arbitration Protocol, and the tribunal may consult the parties on potential settlement at the first case management conference.
SIAC Gateway
The SIAC Gateway is a new cloud-based case management system offering electronic filing, online payment, in-system document upload and storage, and case management. The new Rules permit the Claimant to file the Notice online through SIAC Gateway, and the Registrar may direct parties to upload all written communications to the platform.
Codification of global best practices
In addition to the enhancements discussed above, the new Rules codify common practices and consolidate best practices, including from other arbitral institutions.
Preliminary determination of dispositive issues
Bifurcation is a procedural tool which is often used to enhance efficiency, reduce costs and streamline the resolution of complex disputes by dividing the proceedings into separate phases so that different issues can be addressed independently.
The new Rules codify this tool and allow the parties to apply to the tribunal for a final and binding determination of any issue at a preliminary stage, if it would save time and costs or expedite the resolution of the dispute. The tribunal must render its decision on this application within 90 days.
Coordinated proceedings
The SIAC Rules have evolved over the past few editions to reflect the increasingly complex nature of arbitrations, such as by including provisions dealing with multiple contracts, consolidation and joinder. Such provisions streamline the resolution of multiple complex arbitrations, reduce the risk of conflicting outcomes and avoid duplication of costs across multiple proceedings.
The new Rules continue this trend by introducing a mechanism for the coordinated resolution of multiple arbitrations involving common legal or factual issues where the same tribunal has been appointed. This mechanism allows for concurrent or sequential arbitrations, aligned procedural steps or suspension of one arbitration pending the determination of others.
Information security
Given the increasingly significant cybersecurity risks in arbitration, the new Rules allow parties to propose and agree on reasonable measures to protect shared information. The tribunal shall discuss and direct information security measures, considering best practices on cybersecurity and cyber resilience. Non-compliance may result in sanctions, damages or costs.
Tribunal secretary
The new Rules expressly allow the tribunal to appoint a tribunal secretary but unsurprisingly prohibit any delegation of decision-making functions. A member of the SIAC Secretariat may be appointed as a tribunal secretary.
Submissions
The new Rules clarify that parties require leave of the tribunal to amend claims or defences, which shall be granted unless inappropriate. Although a draft of the Rules proposed default memorial-style submissions, the new Rules give the tribunal discretion to direct that written submissions be accompanied by witness statements and expert reports.
Issues for determination
The new Rules require the tribunal to use reasonable efforts to identify the issues to be determined in the arbitration, in consultation with the parties, at the appropriate stages of the arbitration.
Sanctions
The new Rules address failures to submit Statements of Claim or Defence on time. Furthermore, if parties fail to comply with the new Rules or any direction, decision, ruling, order or award of the tribunal or to attend any meeting or hearing, the tribunal may proceed with the arbitration, impose sanctions and make awards based on the evidence before it.
Remote hearings
The new Rules allow case management conferences and hearings to be conducted in person, in hybrid form or by videoconference, teleconference or any other form of electronic communication.
Conclusion
The SIAC Rules 2025 mark a significant milestone in the evolution of international arbitration and reflect the SIAC’s continued desire to be at the forefront of that, as well as its responsiveness to user needs and global trends. By introducing mechanisms for faster and more cost-efficient proceedings, enhancing procedural fairness and addressing modern challenges, the SIAC clearly plans that the new Rules will solidify its position as a leading institution in the international arbitration landscape.
Client Alert 2025-009