Singapore International Arbitration Center (SIAC)

Legal support and case management in SIAC

Conducting foreign trade activities may be accompanied by controversial situations arising between participants in foreign economic activity. Arbitration in international commercial arbitrations allows foreign partners to receive an independent and objective hearing on the merits.

One of such international commercial arbitrations is the Singapore International Arbitration Center (hereinafter also referred to as “SIAC”, “Singapore Arbitration”).

The Singapore International Arbitration Center was founded in 1991 as an independent non-profit organization for conducting cases for foreign partners, whose decisions are executed by the jurisdictions of various states that have ratified the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, concluded in 1958 in New York.

Most commercial disputes in the south-eastern region are considered in the Singapore International Arbitration Center, as one of the impartial arbitration courts. SIAC has established its own Arbitration Rules, which govern the appointment of arbitrators, the conduct of arbitration proceedings, the composition of the notice of arbitration, the response thereto, etc.

To commence proceedings before SIAC, the party desiring to initiate arbitration proceedings (the Claimant) shall file with the Secretary a Notice of Arbitration, which shall include:

1. a demand that the dispute be referred to arbitration;
2. known names, addresses, telephone numbers, fax numbers and e-mail addresses, if any, of the parties to the arbitration and of their representatives;
3. an indication of the arbitration agreement relied upon, accompanied by a copy of the arbitration agreement;
4. an indication of the contract or other instrument (such as an international investment treaty) out of or in connection with which the dispute has arisen, accompanied, if possible, by a copy of the contract or other instrument;
5. a brief statement of the nature and circumstances of the dispute, indicating the claims and, if possible, a preliminary estimate of the value of the claim;
6. a statement of any issues relating to the conduct of the arbitration on which the parties have previously agreed or on which the Claimant wishes to make a proposal;
7. a proposal as to the number of arbitrators, unless otherwise specified in the arbitration agreement;
8. unless the parties otherwise agree, a nomination of an arbitrator if the arbitration agreement provides for three arbitrators, or a proposal of a sole arbitrator if the arbitration agreement provides for a sole arbitrator;
9. any comments on the applicable law;
10. any comments on the language of the arbitration;
11. payment of the filing fee.

The Claimant, at the same time as filing the notice of arbitration with the Secretary, shall send a copy of the notice of arbitration to the Respondent and shall notify the Secretary thereof, indicating the manner and date of service.

The Respondent shall file with the Secretary a response within 14 days of receipt of the notice of arbitration, which shall include:

1. an admission of or defense to all or part of the claims, including, if possible, any defense that the arbitral tribunal lacks jurisdiction;
2. a brief statement of the nature and circumstances of any counterclaim, stating the claim and, if possible, a preliminary determination of the amount of the counterclaim;
3. any comments on any arguments stated in the notice of arbitration;
4. unless the parties otherwise agree, a nomination of an arbitrator if the arbitration agreement provides for three arbitrators, or if the arbitration agreement provides for a sole arbitrator, comments on the Claimant’s proposed sole arbitrator or counter-proposal;
5. payment of the filing fee in respect of any counterclaim.

At the same time as filing a copy of the Answer with the Secretary, the Respondent shall also file a copy of the Answer with the Claimant and shall notify the Secretary of the same, indicating the manner and date of filing.

It is important to note, however, that the SIAC Rules also provide for an expedited procedure to be applied for before the constitution of the Arbitral Tribunal, provided that any of the following conditions are met:

1. the amount in dispute, being the sum of the claim, counterclaim and any defence based on a set-off, does not exceed the equivalent of S$6,000,000;
2. the expedited procedure is agreed upon by the parties;
3. in cases of exceptional urgency.

It is important to note that a material aspect to be taken into account in cases before the Singapore Arbitration is the time for the calculation of time limits, which, in accordance with the Rules, is calculated in accordance with Singapore time (Greenwich Mean Time (GMT) +8). In addition, in determining disputes, the tribunal shall apply the law or rules of law agreed upon by the parties as applicable to the merits of the dispute, and failing such agreement by the parties, the arbitral tribunal shall apply the law or rules of law it determines to be appropriate.

Following the consideration of the dispute, the court makes an arbitral award, which may be a partial, interim or final arbitral award, including an arbitral award made by an emergency arbitrator.

A separate Provision on Costs in the SIAC Rules provides for:

1. registration fee;
2. administrative fee;
3. arbitrators' fees;
4. fees for urgent interim measures;
5. fee for consideration of an application for challenge;
6. other expenses.

It is important to note that all expenses are determined in Singapore dollars, and some of them are non-refundable.

In accordance with the SIAC Rules, the decisions of the President, the Court and the Secretary on all matters related to the arbitration are final and binding on the parties and the arbitral tribunal. However, the President, the Court and the Secretary are not required to provide reasons for such decisions, unless the Court decides otherwise or unless otherwise provided in the SIAC Rules. At the same time, when applying to the Singapore Arbitration, the parties waive any right to challenge or review any decisions of the President, the court and the secretary in any state court or other judicial body.

SIAC, being an international arbitration, can fully consider disputes of foreign partners due to the fact that the court includes arbitrators from a large number of countries, the law of various jurisdictions can be applied, and it is possible to use a remote communication format. An essential aspect of the consideration of disputes under foreign trade contracts in the Singapore International Arbitration Centre is the neutrality, independence and objectivity of international arbitration, taking this into account, foreign partners are increasingly turning to international arbitration courts for dispute resolution.

Legal services

1. Consulting on the consideration of foreign trade disputes in the Singapore International Arbitration Centre
2. Preparation and submission of documents for consideration of a dispute in SIAC
3. Representation of interests and conduct of cases in the Singapore Arbitration
4. Preparation of documents and support for the execution of the decision adopted by SIAC