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ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE


INTRODUCTION
Singapore International Arbitration Centre ("SIAC") is a non-profit organisation incorporated as a public company limited by guarantee in March 

SIAC aims to: 

provide facilities for international and domestic commercial arbitration and conciliation; promote arbitration and conciliation as alternatives to litigation for the settlement of commercial disputes; and develop a pool of arbitrators and conciliators in the law and practice of international arbitration and conciliation. 
The SIAC Rules herein are based largely on the UNCITRAL Arbitration Rules and the Rules of the London Court of International Arbitration with some modifications. The modifications are made principally with the intention of shortening the written stage of the arbitration and to stipulate a time limit within which the tribunal must render its award. 

These Rules may be adopted for use in any international arbitration with or without reference to SIAC. SIAC welcomes any suggestions or comments which one may have with regard to the application or construction of any of these Rules. 

For further information, please contact: 

The Registrar
Singapore International Arbitration Centre
Third Level, City Hall Building
St. Andrew's Road
Singapore 178957
Tel: (65) 334 1277
Fax: (65) 334 2942
E-mail:  sinarb@siac.org.sg 

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE

Where any agreement, submission or reference provides for arbitration under the Arbitration Rules of Singapore International Arbitration Centre ("Centre"), the parties thereto shall be taken to have agreed that the arbitration shall be conducted in accordance with the following Rules, or such amended Rules as the Centre may have adopted to take effect before the commencement of the arbitration (see Rule 3.3), subject to such modifications as the parties may agree in writing. 

Rule 1 - Scope of Application and Interpretation

1.1 These Rules shall govern the arbitration save that, where any of these Rules is in conflict with a provision of the applicable law of the arbitration from which the parties cannot derogate, that provision shall prevail. 

1.2 In these Rules - 

"Centre" means Singapore International Arbitration Centre, a company incorporated under the Companies Act of the Republic of Singapore as a company limited by guarantee; 

"Chairman" means the Chairman of the Centre; 

"Registrar" means the Registrar of the Centre; 

"Tribunal" includes a sole arbitrator or all the arbitrators where more than one is appointed. 

Rule 2 - Notice, Calculation of Periods of Time
2.1 For the purposes of these Rules, any notice, including a notification, communication or proposal, shall be in writing and is deemed to have been received if it is physically delivered to the addressee or if it is delivered at his habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inquiry, then at the addressee's last-known residence or place of business. The notice shall be deemed to have been received on 
the day it is so delivered. 

2.2 For the purposes of calculating any period of time under these Rules, such period shall begin to run on the day following the day when a notice, notification, communication or proposal is received. If the last day of such period is an official holiday at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays occurring during the running of the period of time are included in calculating the period. 

2.3 Any written communication may be made by way of any form of electronic transmission effected to a business address of a party or to a facsimile number or e-mail address indicated in a party's letterhead and is deemed to have been received if it is so transmitted on the day of transmission. 

2.4 The parties shall file with the Registrar a copy of any notice, including a notification, communication or proposal concerning the arbitral proceedings. 

Rule 3 - Request for or Notification of Arbitration
3.1 The party wishing to commence an arbitration under these 
Rules (hereinafter called the "Claimant") shall give to the 
other party (hereinafter called the "Respondent") a Notice of 
Arbitration which shall include or be accompanied by the 
following: 

(a) a demand that the dispute be referred to arbitration; 

(b) the names and addresses of the parties to the arbitration; 


(c) a reference to the arbitration clause or the separate 
arbitration agreement that is invoked; 

(d) a reference to the contract out of or in relation to which 
the dispute arises; 

(e) a brief statement describing the nature and circumstances 
of the dispute and specifying the relief claimed; and 

(f) a statement of any matters on which the parties have 
previously agreed as to the conduct of the arbitration or with 
respect to which the Claimant wishes to make a proposal. 

3.2 The Notice of Arbitration may also include: 

(a) the proposals for the appointment of a sole arbitrator and 
an appointing authority referred to in Rules 7.1 and 7.2 
respectively 

(b) the notification of appointment of an arbitrator referred 
to in Rule 8; and 

(c) the Statement of Case referred to in Rule 18.2 

3.3 The date of receipt of the Notice of Arbitration by the 
Registrar of the Centre shall be deemed to be the date on 
which the arbitration has commenced. 

3.4 The Claimant shall file with the Registrar a copy of the 
Notice of Arbitration served on the Respondent. 

3.5 If the parties have agreed on an appointing authority 
other than the Chairman, they shall inform the Registrar of 
the name of that authority. 

Rule 4 - Response by Respondent
4.1 For the purpose of facilitating the appointment of 
arbitrators, within fourteen (14) days of receipt of the 
Notice of Arbitration, the Respondent may send to the Claimant 
a Response, in which case, it shall contain: 

(a) a confirmation or denial of all or part of the claims; 

(b) a brief statement of the nature and circumstances of any 
envisaged counterclaims; and 

(c) a comment in response to any statements contained in the 
Notice of Arbitration, as called for under Rule 3.1 paragraph 
(f), on matters relating to the conduct of the arbitration. 

4.2 The Response may also include - 

(a) a comment in response to any proposal for the appointments 
of a sole arbitrator and for an appointing authority; and 

(b) the notification of the appointment of an arbitrator 
referred to in Rule 8. 

4.3 The Respondent shall send a copy of any Response to the 
Registrar and shall confirm to the Registrar that copies have 
been served on the other party. 

4.4 Failure to send a Response shall not preclude the 
Respondent from denying the claim or from setting out a 
counterclaim in its Statement of Defence. 

Rule 5 - Centre to Provide Assistance
The Registrar shall, at the request of the Tribunal or either 
party, make available, or arrange for, such facilities and 
assistance for the conduct of arbitration proceedings as may 
be required, including suitable accommodation for sittings of 
the Tribunal, secretarial assistance and interpretation 
facilities. 

Rule 6 - Number of Arbitrators
6.1 A sole arbitrator shall be appointed unless the parties 
have agreed otherwise. 

Rule 7 - Appointment of Sole Arbitrator
7.1 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. 

7.2 If within twenty-one (21) days after receipt by a party of 
a proposal made in accordance with Rule 7.1 the parties have 
not reached agreement on the choice of a sole arbtirator, the 
sole arbitrator shall be appointed by the appointing authority 
agreed upon by the parties, and if no appointing authority has 
been agreed upon by the parties, or if the appointing 
authority agreed upon refuses to act or fails to appoint the 
arbitrator within twenty-one (21) days of the receipt of a 
party's request thereof, the Chairman shall appoint the 
arbitrator as soon as practicable. 

7.3 If either party does not wish to propose the names of one 
or more persons to serve as the sole arbitrator, either party 
may request the Chairman to appoint the sole arbitrator. The 
Chairman shall as soon as practicable appoint the sole 
arbitrator upon the receipt of such a request. 

7.4 A decision on a matter entrusted by Rule 7.2 and 7.3 to 
the Chairman shall not be subject to appeal. 

Rule 8 - Appointment of Three Arbitrators
8.1 If three arbitrators are to be appointed, each party shall 
appoint one arbitrator. The two arbitrators thus appointed 
shall choose the third arbitrator who will act as the 
presiding arbitrator of the tribunal. 

8.2 If within twenty-one (21) days after the receipt of a 
party's notification of the appointment of an arbitrator, the 
other party has not notified the first party of the arbitrator 
he has appointed: 

(a) the first party may request the appointing authority 
previously designated by the parties to appoint the 
arbitrator; or 

(b) if no such authority has been previously designated by the 
parties, or if the appointing authority previously designated 
refuses to act or fails to appoint the arbitrator within 
twenty-one (21) days after receipt of a party's request 
thereof, the first party may request the Chairman to appoint 
the second arbitrator. 

8.3 If within twenty-one (21) days after the appointment of 
the second arbitrator the two arbitrators have not agreed on 
the choice of the presiding arbitrator, the presiding 
arbitrator shall be appointed by an appointing authority or by 
the Chairman if no appointing authority has been previously 
designated by the parties or, if the appointing authority 
previously designated refuses to act within the prescribed 
time, in the same way as a sole arbitrator would be appointed 
under Rule 7. 

8.4 A decision on a matter entrusted by Rule 8.2 or 8.3 to the 
Chairman shall not be subject to appeal. 

Rule 9 - Multi-party Appointment of Arbitrator(s)
9.1 If there are three or more parties in the arbitration, the 
parties shall endeavour to agree on the procedure for 
appointing the arbitrator(s) and if within twenty-one (21) 
days of the receipt of the Notice of Arbitration, the parties 
have not reached an agreement on the procedure for appointing 
the arbitrator(s), the arbitrator(s) shall be appointed by the 
Chairman as soon as practicable after the receipt of a party's 
request to the Chairman. 

9.2 A decision on a matter entrusted by Rule 9.1 to the 
Chairman shall not be subject to appeal. 
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Rule 10 - Information to be Furnished to the Appointing 
Authority
10.1 When an appointing authority is requested to appoint an 
arbitrator pursuant to Rule 7 or 8, the party which makes the 
request shall send to the appointing authority a copy of the 
Notice of Arbitration, a copy of the contract out of or in 
relation to which the dispute has arisen and a copy of the 
arbitration agreement if it is not contained in the contract. 
The appointing authority may require from either party such 
information as it deems necessary to fulfill its function. 

10.2 Where the names of one or more persons are proposed for 
appointment as arbitrators, their full names, addresses and 
nationalities shall be indicated, together with a description 
of their qualifications. 

Rule 11 - Independence and Impartiality of Arbitrators
11.1 In making an appointment under these Rules, the Chairman 
shall have due regard to any qualifications required of the 
arbitrator by the agreement of the parties and to such 
considerations as are likely to secure the appointment of an 
independent and impartial arbitrator and where the parties are 
of different nationalities, shall also take into account the 
advisability of appointing an arbitrator of a nationality 
other than those of the parties. 

11.2 Any arbitrator (whether or not appointed 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. 

11.3 A prospective arbitrator shall disclose to those who 
approach him in connection with his possible appointment, any 
circumstances likely to give rise to justifiable doubts as to 
his impartiality or independence. 

11.4 An arbitrator, once appointed or chosen, shall disclose 
any such circumstance (referred to in Rule 11.3 above) to all 
parties, not already been informed by him, of these 
circumstances. 

Rule 12 - Challenge of Arbitrators
12.1 Any arbitrator may be challenged if circumstances exist 
that give rise to justifiable doubts as to the arbitrator's 
impartiality or independence. 

12.2 A party may challenge the arbitrator appointed by him 
only for reasons of which he becomes aware after the 
appointment has been made. 

Rule 13 - Notice of Challenge
13.1 A party who intends to challenge an arbitrator shall send 
notice of his challenge within fourteen (14) days after the 
appointment of the challenged arbitrator has been notified to 
the challenging party or within fourteen (14) days after the 
circumstances mentioned in Rule 12.1 or 12.2 became known to 
that party. 

13.2 The challenge shall be notified to the other party, the 
arbitrator who is challenged and the other members of the 
Tribunal. The notification shall be in writing and shall state 
the reasons for the challenge. Upon receiving the notification 
of challenge by the Registrar, the arbitration shall be 
suspended until the challenge is resolved or decided upon. 

13.3 When an arbitrator has been challenged by one party, the 
other party may agree to the challenge. The arbitrator may 
also, after the challenge, withdraw from his office. In 
neither case does this imply acceptance of the validity of the 
grounds for the challenge. In both cases, the procedure 
provided in Rule 7, 8 or 9 shall be used in full for the 
appointment of the substitute arbitrator, even if during the 
process of appointing the challenged arbitrator, a party had 
failed to exercise his right to appoint or to participate in 
the appointment. 

Rule 14 - Decision on Challenge
14.1 If the other party does not agree to the challenge and 
the challenged arbitrator does not withdraw, the decision on 
the challenge will be made: 

(a) when the initial appointment was made by an appointing 
authority, by that authority; and 

(b) in all other cases, by the Chairman whose decision shall 
be final and not be subject to appeal. 

14.2 If the appointing authority or the Chairman, as the case 
may be, sustains the challenge, a substitute arbitrator shall 
be appointed or chosen pursuant to the procedure applicable to 
the appointment or choice of an arbitrator as provided in 
Rules 6 to 9 except that, when this procedure would call for 
the designation of an appointing authority, the appointment of 
the arbitrator shall be made by the appointing authority which 
decided on the challenge. 

Rule 15 - Replacement of An Arbitrator
15.1 In the event of the death or resignation of an arbitrator 
during the course of the arbitral proceedings, a substitute 
arbitrator shall be appointed or chosen pursuant to the 
procedure provided for in Rules 7 to 11 that was applicable to 
the appointment or choice of the arbitrator being replaced. 

15.2 In the event that an arbitrator refuses or fails to act 
or in the event of the de jure or de facto impossibility of 
his performing functions, the procedure in respect of the 
challenge and replacement of an arbitrator as provided in 
Rules 12 to 14 and 15.1 shall apply. 

Rule 16 - Repetition of Hearings in the Event of the 
Replacement of an Arbitrator
If under Rules 13 to 15 the sole or presiding arbitrator is 
replaced, any hearings held previously shall be repeated 
unless otherwise agreed to by the parties. If any other 
arbitrator is replaced, such prior hearings may be repeated at 
the discretion of the Tribunal. 

Rule 17 - Conduct of the Proceedings
17.1 The parties may agree on the arbitral procedure, and are 
encouraged to do so. 

17.2 In the absence of procedural rules agreed by the parties 
or contained herein, the Tribunal shall have the widest 
discretion allowed under such law as may be applicable to 
ensure the just, expeditious, economical, and final 
determination of the dispute. 

17.3 In the case of a three-member Tribunal, the presiding 
arbitrator may, after consulting the other arbitrators, make 
procedural rulings alone. 

Rule 18 - Submission of Written Statements and Documents
18.1 The Tribunal may determine the periods of time within 
which the parties shall submit their written statements. If no 
specific periods of time are determined by the Tribunal the 
parties shall proceed as set out in this Rule 18. 

18.2 Within thirty (30) days of receipt of notification from 
the Registrar that the Tribunal has been constituted, the 
Claimant shall, if it has not done so, send to the Respondent 
a Statement of Case setting out in full detail the facts and 
any contention of law on which it relies, and the relief 
claimed. 

18.3 Within thirty (30) days of receipt of the Statement of 
Case by the Respondent, or, where the Statement of Case was 
served with the Notice of Arbitration, the notification 
referred to in Rule 18.2, the Respondent shall send to the 
Claimant, a Statement of Defence stating in full detail which 
of the facts and contentions of law in the Statement of Case 
it admits or denies, on what grounds, and on what other facts 
and contentions of law it relies. Any counterclaims shall be 
submitted with the Statement of Defence in the same manner as 
claims are set out in the Statement of Case. 

18.4 The Tribunal shall decide which further written 
statements, in addition to the Statement of Case and the 
Statement of Defence, shall be required from the parties or 
may be presented by them and shall fix the periods of time for 
communicating such statements. 

18.5 The periods of time fixed by the Tribunal for the 
submission of written statements (including the Statement of 
Case and Statement of Defence) shall not exceed forty-five 
(45) days. However the Tribunal may extend the time-limits on 
such terms as it may deem appropriate. 

18.6 All statements referred to in this Rule shall be 
accompanied by copies (or, if they are especially voluminous, 
lists) of all essential documents on which the party concerned 
relies and which have not previously been submitted by any 
party, and (where appropriate) by any relevant samples. 

18.7 Copies of all statements referred to in this Rule shall 
be served on the Tribunal and the Registrar. 

18.8 As soon as practicable following completion of the 
submission of the statements specified in this Rule, the 
Tribunal shall proceed in such manner as has been agreed by 
the parties, or pursuant to its authority under these Rules. 

18.9 If the Claimant fails within the time specified under 
these Rules or as may be fixed by the Tribunal, to submit its 
Statement of Case, the Tribunal may issue an order for the 
termination of the arbitral proceedings or make such other 
directions as may be appropriate in the circumstances. If the 
Respondent fails to submit a Statement of Defence, or if at 
any point any party fails to avail itself of the opportunity 
to present its case in the manner directed by the Tribunal, 
the Tribunal may nevertheless proceed with the arbitration and 
make the award. 

Rule 19 - Place of Arbitration
19.1 The parties may choose the place of arbitration. Failing 
such a choice, the place of arbitration shall be Singapore, 
unless the Tribunal determines in view of all the 
circumstances of the case that another place is more 
appropriate. 

19.2 The Tribunal may hold hearings and meetings anywhere 
convenient, subject to the provisions of Rule 22.2 and 
provided that the award shall be made at the place of 
arbitration. 

Rule 20 - Language of Arbitration
20.1 Subject to any agreement by the parties, the Tribunal 
shall, promptly after its appointment, determine the language 
or languages to be used in the proceedings. This determination 
shall apply to the Statement of Case, the Statement of 
Defence, and any further written statements or other 
communications and, if oral hearings take place, to the 
language or languages to be used in such hearings. 

20.2 If a document is drawn up in a language other than the 
language(s) of the arbitration, and no translation of such 
document is submitted by the party producing the document, the 
Tribunal, or if the Tribunal has not been established, the 
Registrar, may order that party to submit a translation in a 
form to be determined by the Tribunal or the Registrar. 

Rule 21 - Party Representatives
Any party may be represented by legal practitioners or any 
other representatives, subject to such proof of authority as 
the Tribunal may require. 

Rule 22 - Hearings
22.1 Unless the parties have agreed on documents-only 
arbitration, the Tribunal shall, if either party so requests, 
hold a hearing for the presentation of evidence by witnesses, 
including expert witnesses, or for oral submissions. 

22.2 The Tribunal shall fix the date, time and place of any 
meeting and hearing in the arbitration, and the sole or 
presiding arbitrator shall give the parties reasonable notice 
thereof. 

22.3 If any party to the proceedings fails to appear at a 
hearing, without showing sufficient cause for such failure, 
the Tribunal may proceed with the arbitration and may make the 
award on the evidence before it. 

22.4 The Tribunal may in advance of hearings, submit to the 
parties, a list of questions which it wishes them to treat 
with special attention. 

22.5 All meetings and hearings shall be in private unless the 
parties agree otherwise. 

22.6 The Tribunal may declare the hearings closed if it is 
satisfied that the parties have no further proof to offer or 
witnesses to be heard or submissions to make. The Tribunal may 
on its own motion or upon application of a party but before 
any award is made, reopen the hearings. 

22.7 All statements, documents or other information supplied 
to the Tribunal by one party shall be communicated to the 
other party. Also, any expert report or evidentiary document 
on which the Tribunal may rely in making its decision shall be 
communicated to the parties. 

Rule 23 - Witnesses
23.1 Before any hearing, the Tribunal may require any party to 
give notice of the identity of witnesses it wishes to call, as 
well as the subject matter of their testimony and its 
relevance to the issues. 

23.2 The Tribunal has discretion to allow, refuse, or limit 
the appearance of witnesses, whether witnesses of fact or 
expert witnesses. 

23.3 Any witness who gives oral evidence may be questioned by 
each of the parties or their representatives, under the 
control of the Tribunal. The Tribunal may put questions at any 
stage of the examination of the witnesses. 

23.4 Subject to such order or direction which the Tribunal may 
make, the testimony of witnesses may be presented in written 
form, either as signed statements or by duly sworn affidavits. 
Subject to Rule 23.2, any party may request that such a 
witness should attend for oral examination at a hearing. If he 
fails to attend, the Tribunal may place such weight on the 
written testimony as it thinks fit, or exclude it altogether. 

23.5 Subject to the mandatory provisions of any applicable 
law, it shall be proper for any party or its representatives 
to interview any witness or potential witness prior to his 
appearance at any hearing. 

Rule 24 - Experts Appointed by the Tribunal
24.1 Unless otherwise agreed by the parties, the Tribunal: 

(a) may appoint one or more experts to report to the Tribunal 
on specific issues; 

(b) may require a party to give any such expert(s) any 
relevant information or to produce, or to provide access to 
any relevant documents, goods or property for inspection by 
the expert(s). 

24.2 Unless otherwise agreed by the parties, if a party so 
requests or if the Tribunal considers it necessary, any expert 
shall, after delivery of his written or oral report, 
participate in a hearing at which the parties shall have the 
opportunity to question him, and to present expert witnesses 
in order to testify on the points at issue. 

Rule 25 - Additional Powers of the Tribunal
Unless the parties at any time agree otherwise, and subject to 
any mandatory limitations of any applicable law, the Tribunal 
shall have the power, on the application of any party or of 
its own motion, but in either case only after giving the 
parties a proper opportunity to state their views, to: 

(a) order the correction of any such contract or arbitration 
agreement, but only to the extent required to rectify any 
mistake which it determines to be common to all the parties 
and then only if and to the extent to which the rules of law 
governing or applicable to the contract permit such 
correction; 

(b) allow other parties to be joined in the arbitration with 
their express consent, and make a single final award 
determining all disputes between them; 

(c) allow any party, upon such terms (as to costs and 
otherwise) as it shall determine, to amend any pleading or 
submissions; 

(d) extend or abbreviate any time limits provided by these 
Rules or by its directions; 

(e) conduct such enquiries as may appear to the Tribunal to be 
necessary or expedient; 

(f) order the parties to make any property or thing available 
for inspection, in their presence, by the Tribunal or any 
expert; 

(g) order the preservation, storage, sale or other disposal of 
any property or thing which is the subject-matter of the 
dispute, 

(h) order any party to produce to the Tribunal, and to the 
other parties for inspection, and to supply copies of, any 
documents or classes of documents in their possession or power 
which the Tribunal determines to be relevant; 

(i) to make orders or give directions to any party for 
interrogatories; 

(j) to make orders or give directions to any party for an 
interim injunction or any other interim measure; 

(k) to make orders or give directions to any party for giving 
of evidence by affidavit; 

(l) to make orders or give directions to any party for 
ensuring that any award which may be made in the arbitral 
proceedings is not rendered ineffectual by the dissipation of 
assets by a party; and 

(m) to make orders or give directions to any party to stay any 
of the Tribunal's awards previously made. 

Rule 26 - Jurisdiction of The Tribunal
26.1 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. 

26.2 A plea that the Tribunal does not have jurisdiction shall 
be raised not later than in the Statement of Defence. A plea 
that the Tribunal is exceeding the scope of its authority 
shall be raised promptly after the Tribunal has indicated its 
intention to decide on the matter alleged to be beyond the 
scope of its authority. In either case the Tribunal may 
nevertheless admit a late plea under this Rule if it considers 
the delay justified. A party is not precluded from raising 
such a plea by the fact that he has appointed, or participated 
in the appointment of an arbitrator. 

26.3 In addition to the jurisdiction to exercise the powers 
defined elsewhere in these Rules, the Tribunal shall have 
jurisdiction to determine any question of law arising in the 
arbitration; proceed with the arbitration notwithstanding the 
failure or refusal of any party to comply with these Rules or 
with the Tribunal's orders or directions, or to attend any 
meeting or hearing, but only after giving that party written 
notice that it intends to do so; and to receive and take into 
account such written or oral evidence as it shall determine to 
be relevant, whether or not strictly admissible in law. 

26.4 The Tribunal may rule on a plea referred to in Rule 26.2 
above either as a preliminary question or in an award on the 
merits. 

Rule 27 - Deposits and Security
27.1 The Registrar or the Tribunal (at any time after it has 
been constituted) may direct each party to deposit an equal 
amount with the Centre as an advance of the costs referred to 
in Rule 30. 

27.2 During the course of the arbitration proceedings the 
Registrar or the Tribunal may request supplementary deposits 
from the parties. 

27.3 The Tribunal shall have the power to order any party to 
provide security for the legal or other costs of any other 
party by way of deposit or bank guarantee or in any other 
manner the Tribunal thinks fit. 

27.4 Without prejudice to the right of any party to apply to a 
competent court for pre-award conservatory measures, the 
Tribunal shall also have the power to order any party to 
provide security for all or part of any amount in dispute in 
the arbitration. 


27.5 In the event that orders under Rules 27.1, 27.2, 27.3 or 
27.4 are not complied with, the Tribunal may refuse to hear 
the claims or counterclaims by the non-complying party, 
although it may proceed to determine claims or counterclaims 
by complying parties. 

Rule 28 - The Award
28.1 Unless all parties agree otherwise, the Tribunal shall 
make its award in writing within forty-five (45) days from the 
date on which the hearings are closed and shall state the 
reasons upon which its award is based. The award shall state 
its date and shall be signed by the arbitrator or arbitrators. 


28.2 If any arbitrator refuses or fails to comply with the 
mandatory provisions of any applicable law relating to the 
making of the award, having been given a reasonable 
opportunity to do so, the remaining arbitrators shall proceed 
in his absence. 

28.3 Where there is more than one arbitrator and they fail to 
agree on any issue, they shall decide by a majority. Failing a 
majority decision on any issue, the presiding arbitrator of 
the Tribunal shall make the award alone as if he were sole 
arbitrator. If an arbitrator refuses or fails to sign the 
award, the signatures of the majority shall be sufficient, 
provided that the reasons for the omitted signature is stated. 


28.4 The sole arbitrator or presiding arbitrator shall be 
responsible for delivering the award to the Registrar, who 
shall transmit certified copies to the parties provided that 
the costs of the arbitration have been paid to the Centre in 
accordance with Rule 30. 

28.5 The Tribunal may award simple or compound interest on any 
sum which is the subject of the reference at such rates as the 
Tribunal determines to be appropriate, in respect of any 
period which the Tribunal determines to be appropriate ending 
not later than the date upon which the award is complied with. 


28.6 The Tribunal may make separate final awards on different 
issues at different times, which shall be subject to 
correction under the procedure specified in Rule 29. Unless 
otherwise stated by the Tribunal, such awards shall be 
individually enforceable as soon as they are made. 

28.7 In the event of a settlement, the Tribunal may render a 
consent award recording the settlement if any party so 
requests. If the parties do not require a consent award, then 
on confirmation in writing by the parties to the Registrar 
that a settlement has been reached, the Tribunal shall be 
discharged and the reference to arbitration concluded, subject 
to payment by the parties of any outstanding costs of the 
arbitration in accordance with Rule 30. 

28.8 By agreeing to have an arbitration under these Rules, the 
parties undertake to carry out the award without delay. Awards 
shall be final and binding on the parties from the date they 
are made. 

Rule 29 - Correction of Awards and Additional Awards
29.1 Within thirty (30) days of receipt of the award, unless 
another period of time has been agreed upon by the parties, a 
party may by notice to the Registrar request the Tribunal to 
correct in the award any error in computation, any clerical or 
typographical error or any error of a similar nature. If the 
Tribunal considers the request to be justified, it shall make 
the correction(s) within thirty (30) days of receipt of the 
request. Any correction, which shall take the form of a 
separate memorandum, shall become part of the award. 

29.2 The Tribunal may correct any error of the type referred 
to in Rule 29.1 on its own initiative within thirty (30) days 
of the date of the award. 

29.3 Unless otherwise agreed by the parties, a party may, 
within thirty (30) days of receipt of the award, and with 
notice to the other party or parties, by notice to the 
Registrar request the Tribunal to make an additional award as 
to claims presented in the arbitral proceedings but not dealt 
with in the award. If the Tribunal considers the request to be 
justified, it shall make the additional award within 
forty-five (45) days of receipt of the request. 

29.4 The provisions of Rule 28 shall apply mutatis mutandis to 
a correction of the award and to any additional award. 

Rule 30 - Costs
30.1 The costs of the arbitration shall be taxed by the 
Registrar or fixed by the Tribunal in its award. The term 
"costs of the arbitration" includes: 

(a) the fees of the Tribunal; 

(b) the travel and other expenses incurred by the arbitrators; 


(c) the costs of expert advice and of other assistance 
required by the Tribunal; 

(d) any fees and expenses of the appointing authority, if 
applicable; and 

(e) expenses reasonably incurred by the Centre in connection 
with the arbitration as well as its administrative charges, 
but shall not include the legal or other costs incurred by the 
parties themselves. 

30.2 The Tribunal shall specify in the award, the total amount 
of the costs of the arbitration. Unless the parties shall 
agree otherwise, the Tribunal shall determine the proportions 
in which the parties shall pay all or part of them to the 
Centre. If the Tribunal has determined that all or any part of 
the costs of the arbitration shall be paid by any party other 
than a party which has already paid them to the Centre, the 
latter shall have the right to recover the appropriate amount 
from the former. 

30.3 The Tribunal shall have the authority to order in its 
award that all or a part of the legal or other costs of a 
party (apart from the costs of the arbitration) be paid by 
another party. Such costs shall, unless the award otherwise 
directs, be taxable by the Registrar. 

30.4 If the arbitration is abandoned, suspended or concluded, 
by agreement or otherwise, before the final award is made, the 
parties shall be jointly and severally liable to pay the costs 
of the arbitration as determined by the Tribunal. In the event 
that the costs so determined are less than the deposits made, 
there shall be a refund in such proportions as the parties may 
agree, or failing agreement, in the same proportions as the 
deposits were made. 

30.5 A certificate signed by the Registrar on the amount of 
costs or fees taxed shall form part of the award of the 
Tribunal. 

Rule 31 - Amount of Tribunal's Fees
31.1 The fees of the Tribunal shall be reasonable in amount, 
taking into account the amount in dispute, the complexity of 
the subject-matter, the time spent by the arbitrators and any 
other relevant circumstances of the case. 

31.2 If an appointing authority has been agreed upon by the 
parties or designated by the Chairman, and if that authority 
has issued a schedule of fees for arbitrators in international 
cases which it administers, the Tribunal in fixing its fees 
shall take that schedule of fees into account to the extent 
that it considers appropriate in the circumstances of the 
case. 

31.3 If such appointing authority has not issued a schedule of 
fees for arbitrators in international cases, and if the 
parties fail to agree, an appropriate rate shall be determined 
by the Registrar and communicated in writing to the parties. 

31.4 In all cases when a party so requests, the Tribunal shall 
fix its fees only after consultation with the Registrar who 
may advise the Tribunal concerning the fees. 

Rule 32 - Law of the Arbitration
If the place of arbitration is Singapore, the parties agree 
that the International Arbitration Act (Cap 143A) as amended 
from time to time is applicable. 

Rule 33 - Exclusion of Liability
33.1 Neither the Centre, any of its officers, employees or 
agents, nor any arbitrator shall be liable for: 

(a) negligence in respect of anything done or omitted to be 
done in the capacity of arbitrator or in connection with any 
arbitration conducted under these Rules; and 

(b) any mistake in law, fact or procedure made in the course 
of arbitral proceedings or in the making of an arbitral award. 


33.2 Neither the Centre, any of its officers, employees or 
agents, nor any arbitrator shall be under any obligation to 
make any statement to any person about any matter concerning 
the arbitration, nor shall any party seek to make any 
arbitrator or any officer, member, servant or agent of the 
Centre, a witness in any legal proceedings arising out of the 
arbitration whether before, during or after the arbitration. 

Rule 34 - General Provisions
34.1 A party who knows that any provision of, or requirement 
under, these Rules has not been complied with and yet proceeds 
with the arbitration without promptly stating its objection to 
such non-compliance, shall be deemed to have waived its right 
to object. 

34.2 The provisions in these Rules shall insofar as they 
relate to the powers and functions of the Tribunal be 
interpreted by the Tribunal. 

34.3 In all matters not expressly provided for in these Rules, 
the Chairman, the Registrar and the Tribunal shall act in the 
spirit of these Rules and shall make every reasonable effort 
to ensure that the award is legally enforceable. 

34.4 Notwithstanding any provision by the parties in any contract for an appointing authority to appoint a sole arbitrator or arbitrators, such provision shall be deemed to be completely and irrevocably waived upon the appointment by the Chairman of the sole arbitrator or any arbitrator pursuant to these Rules, and thereafter all powers and functions of the appointing authority whether in such contract or in the Rules shall vest in the Chairman, in addition to and without derogation to the powers of the Chairman set out in these Rules. 

34.5 Subject to Rule 34.4, in the event of conflict between these Rules and the terms of any contract entered into between the parties, the terms of the said contract shall prevail, save that where the parties have acted pursuant to or in accordance with any Rule in conflict with any term of the said contract, that Rule shall prevail, and any right vested in any 
party pursuant to that term in the said contract shall be deemed to be completely and irrevocably waived. 

34.6 The parties and the Tribunal shall at all times treat all matters relating to the proceedings (including the existence of the proceedings) and the award as confidential. A party or any arbitrator shall not, without the prior written consent of the other party or the parties, as the case may be, disclose to a third party any such matter except: 
(a) for the purpose of making an application to any competent court; 
(b) for the purpose of making an application to the courts of any State to enforce the award; 
(c) pursuant to the order of a court of competent jurisdiction; 
(d) in compliance with the provisions of the laws of any State 
which is binding on the party making the disclosure; or 
(e) in compliance with the request or requirement of any regulatory body or other authority which, if not binding, nonetheless would be observed customarily by the party making the disclosure. 



MODEL CLAUSE
In drawing up contracts, parties are recommended to include the following arbitration clause. 

"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in [Singapore] in accordance with the Arbitration Rules of Singapore International Arbitration Centre ("SIAC Rules") for the time being in force which rules are deemed to be incorporated by reference to this clause." 

Parties may add: 

"The Tribunal shall consist of _________ arbitrator(s) to be appointed by the Chairman of SIAC." 

"The governing law of this contract shall be the substantive law of _________." 

"The language of the arbitration shall be ____________." 

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Com-Law > Findlaw > Arbitration > Arbitration Rules


Bright Jon, 
Attorney-at-law   Tel:+86-512-53519435  Fax: 53516040 
email@colaw.cn