Over the last eight years, the Singapore International Arbitration Centre (“SIAC”) Rules 2016 (“2016 Edition”) helped administer more than 3,000 international cases with involved parties from more than 100 jurisdictions across a range of seats and governing laws. Advancing the success of the 2016 Edition, SIAC released its seventh edition of arbitration rules effective from January 1, 2025 (“2025 Rules”). The 2025 Rules celebrate the enhancement and refinement of the 2016 Edition, aiming to enhance the procedural efficiency, transparency, and modernity of arbitration, aligning SIAC with the contemporary and dynamic needs of dispute resolution.
I. Prima Facie Jurisdictional Objection (Rule 8)
Rule 8 of the 2025 Rules prescribes a two-tiered approach to jurisdictional challenges. When a respondent contests the arbitration agreement’s existence, validity, or applicability, the matter may be referred to the SIAC Court for preliminary determination. The Court conducts a prima facie assessment to determine whether and to what extent the arbitration should or should not proceed. Should the Court find no basis for jurisdiction, the proceedings are terminated. However, even if the Court determines that jurisdiction exists, parties retain the right to raise jurisdictional objections before the duly constituted tribunal during subsequent proceedings. Resultantly, this allows for efficiently screening out cases that manifestly lack jurisdiction, while at the same time preserving the principle of kompetenz-kompetenz.
II. Streamlined Procedure (Rule 13)
The 2025 Rules introduce a Streamlined Procedure under Rule 13, offering a compelling solution for disputes valued at SGD 1 million or less. This procedure automatically applies to qualifying disputes unless opted out by mutual agreement, marking a significant shift in SIAC’s previous approach to low-value arbitrations. The procedure’s application is triggered in two scenarios: either through party agreement prior to tribunal constitution, or automatically when the disputed amount falls below the S$1 million threshold. Notably, the President retains discretion to disapply the procedure upon application, providing a safety valve for complex cases despite their lower value. Perhaps most notably, both tribunal and administrative fees are capped at 50% of standard maximums under SIAC’s fee schedule, creating a compelling value proposition for users.
III. Expedited Procedure (Rule 14 read with Schedule 3)
The 2025 Rules introduce a sophisticated tiered approach to expedited dispute resolution, with Rule 14 establishing a robust framework for cases falling between SGD 1-10 million. This represents a significant expansion from the previous SGD 6 million threshold. The Rule’s architecture provides multiple pathways for accessing Expedited Procedure. Parties may expressly opt-in through agreement, with the 2025 Rules preserving the continuity of previous agreements to use expedited procedures. The procedure becomes available upon application in three distinct scenarios: for disputes valued between SGD 1-10 million; for disputes under SGD 1 million where the Streamlined Procedure has been disapplied; and where circumstances warrant expedition, regardless of value.
The third ground marks a significant shift from the previous “exceptional urgency” requirement, potentially broadening access to expedited proceedings. The Rule maintains procedural flexibility through presidential discretion in granting applications, while preserving party autonomy through an opt-out provision.
IV. Emergency Arbitration Framework: Protective Preliminary Orders (Schedule 1)
Protective Preliminary Orders (“PPOs”) empower parties to secure relief without prior notice to the respondent, addressing situations where advance notice could undermine the effectiveness of measures such as asset preservation or evidence protection. This pragmatic step acknowledges the realities of high-stakes disputes and positions SIAC as a leader in procedural adaptability.
The framework incorporates several sophisticated safeguards: Emergency Arbitrators must rule on PPO applications within 24 hours of appointment. The applicant then has just 12 hours to serve all relevant materials on the respondent. PPOs automatically expire after 14 days, with an earlier three-day expiration if the applicant fails to comply with service requirements. Respondents are guaranteed an early opportunity to present their case, with the Emergency Arbitrator required to promptly decide any objections.
V. Preliminary Determination (Rule 46)
Rule 46 empowers tribunals to issue final and binding determinations on specific issues at a preliminary stage. A party may request a preliminary determination where parties mutually agree, efficiency gains can be demonstrated, or case-specific circumstances warrant such determination. The application must articulate supporting factual and legal grounds. After hearing the parties, the tribunal has discretion to decide whether the matter merits a preliminary determination.
A decision must be rendered within 90 days of filing, with reasons provided. Significantly, the Rule preserves the tribunal’s inherent authority to determine preliminary issues on its initiative, reinforcing efficient proceedings management.
VI. Coordinated Proceedings (Rule 17)
Coordinated Proceedings under Rule 17, offer tribunals and parties an effective tool to manage multiple arbitrations with shared questions of law or fact. This rule addresses the complexities and inefficiencies of fragmented dispute resolution in interconnected arbitrations, particularly in cases involving related contracts or common transactions. Under this framework, if the same tribunal is constituted in two or more arbitrations and a common question arises, a party may apply for coordination. Importantly, unless otherwise agreed, each arbitration remains a separate proceeding, with independent decisions, rulings, and awards issued for each case.
VII. Third Party Funding (Rule 38)
Parties are required to disclose the existence of any third-party funding agreement, along with the funder’s identity and contact details, in their Notice of Arbitration or Response, or promptly upon entering into such an arrangement. Additionally, any subsequent changes to the agreement must be disclosed to the tribunal, the Registrar, and other parties to ensure ongoing transparency and fairness in proceedings where external funding is involved. Tribunals are empowered to order further disclosure regarding the funder’s interest in the proceedings, including their commitment to adverse costs liability. To prevent potential conflicts of interest, parties are prohibited from entering into funding agreements that may create a conflict with tribunal members after the tribunal’s constitution.
VIII. Other Enhancements
Scrutiny of Awards: Tribunals must estimate and meet timelines for award submission within 90 days of final submissions.
Security for Claims: Expanded tribunal authority to order security not only for claims but also for counterclaims.
Information Security: Strengthened rules on safeguarding arbitration-related data.
The 2025 Rules mark a bold step forward in the evolution of international arbitration. With innovations like PPOs, expanded third-party funding transparency, and streamlined procedures for smaller disputes, these Rules reflect a clear commitment to making arbitration faster, fairer, and more accessible.
What stands out is SIAC’s focus on practical solutions. Whether it’s ensuring urgent interim relief through the new PPO framework or providing clear timelines for awards, the rules are designed to tackle the real challenges parties and practitioners face. These changes do not just streamline processes – they offer meaningful tools to address the growing complexity of cross-border disputes.
For businesses, the 2025 Rules provide a way to resolve conflicts efficiently without compromising on fairness. For lawyers and arbitrators, they present opportunities to better manage cases, deliver outcomes more quickly, and adapt to the demands of modern disputes.
About the authors: Ajay Bhargava is a Partner and Shivank Diddi is a Principal Associate at Khaitan & Co.
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