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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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