SIAC 2025 Rules – Aarna Law Update

Effective 1 January 2025, the Singapore International Arbitration Centre (“SIAC”) will be implementing the 7^th edition of its Arbitration Rules (“2025  Rules”). These Rules build on the foundation of the previous rules, but also introduce key changes which aim at enhancing procedural efficiency, increasing transparency, and adapting to the growing needs of arbitration today. In this short write-up, we will touch upon some of its salient features.

1. Streamlined Procedure (Rule 13 read with Schedule 2): The 2025 Rules introduce a streamlined procedure for disputes valued up to SGD 1 million (approximately INR 6,25,00,000). This procedure aims at reducing both the cost as well as the time of the arbitration by capping the fees at 50% of the maximum limit and endeavouring to ensure that the final award is rendered within three months of the constitution of the tribunal. It is pertinent to note that no document production or oral hearing is required under this procedure, unless it is specifically approved by the arbitrator.
2. Expedited Procedure (Rule 14 read with Schedule 3): The 2025 Rules also introduce an expedited procedure to cover all disputes ranging from SGD 1 million to SGD 10 million. The previous rules had made this procedure applicable only to disputes involving amounts up to SGD 6 million. There is also a reduced timeline for such disputes, which is six months.
3. Preliminary Determination (Rule 46): The 2025 Rules provide room for preliminary determination of any issue that arises for determination in the arbitration. When an application for preliminary determination of any issue is allowed by the Tribunal, the Tribunal is expected to come out with its decision within 90 days. The ides is to reduce the time and cost of the arbitration by narrowing down the scope of the dispute.
4. Emergency Arbitration and Protective Preliminary Orders (Rule 12 read with Schedule 1): Under the 2025 Rules, parties may seek emergency relief without filing a Notice of Arbitration, as long such Notice is filed within seven days of making an application for appointment of an Emergency Arbitrator.

Further, the application for the  appointment of an Emergency Arbitrator may be made even without notice to the other parties when urgent interim measures are required. This application must be made along with a protective preliminary order application directing a party not to frustrate the purpose of the emergency interim measure that is required. If the application for a protective preliminary order is accepted, an Emergency Arbitrator is appointed, who is then required to decide on the protective preliminary order application within 24 hours of his appointment. A protective preliminary order will remain in force for a period of 14 days.

5. Coordinated Proceedings (Rule 17): Where the same tribunal is constituted in two or more arbitrations, and a common question of law or fact arises out of such arbitrations, a party to the arbitrations may apply to the tribunal for the arbitrations to be coordinated such that (a) the arbitrations may be conducted concurrently or sequentially, or that the arbitrations may be heard together, or that any of the arbitrations may be suspended pending a determination in any of the other arbitrations. The option to coordinate proceedings has several advantages such as reducing duplication of effort, saving cost, ensuring consistency in resolving common questions etc.

6. Third-Party Funding (Rule 38): A major change introduced by the 2025 Rules is that a party is now required to mandatorily disclose the existence of third-party funding arrangements, including the identity and contact details of the funder. Further, tribunals are also authorized to consider third-party funding when apportioning costs, thus promoting greater transparency in arbitration financing.
7. Other Key Changes

• Time frame for Awards (Rule 53.2): Under the 2025 Rules, draft awards must be submitted to the SIAC Secretariat for scrutiny within 90 days of the last oral or written submission.
• Publication of awards (Rule 60): SIAC may, with party consent, publish arbitral awards (with identifying information redacted). This will promote transparency and contribute to the development of arbitration jurisprudence.
• Witness Preparation (Rule 40.5): The 2025 Rules clearly stipulate that parties and their representatives that witness testimony must reflect the witness’ own account of the relevant facts. This stipulation serves as a reminder that witnesses must be not coached so as to say or do something that would be inconsistent with their own understanding or knowledge of the relevant facts.

• Suspension, Settlement, and Termination (Rule 43): The 2025 Rules explicitly codify the practice of tribunals granting suspensions in order to facilitate settlements.
• SIAC Gateway (Rule 4): The SIAC Gateway, a new case management system, will allow electronic filing and storage of documents. This would facilitate easier access and management of case materials.
• Information Security (Rule 61): Parties must comply with any information security measures agreed between themselves or imposed by the tribunal. Failure to comply with these measures may invite sanctions from the tribunal.
• Non-compliance (Rule 44.3): If, without showing sufficient cause, any party fails to comply with the 2025 Rules or with any direction or ruling of the tribunal, or fails to attend any meeting or hearing, the tribunal may proceed with the arbitration,and may even impose such sanctions as it deems appropriate and make an award on the evidence before it.

• Environmentally Sustainable Practices (Rule 32.4(b)): – The tribunal will engage with the parties to consider adopting environmentally sustainable practices in the conduct of the proceedings.