The Revised 2025 SIAC Arbitration Rules

On 9 December 2024, the Singapore International Arbitration Centre published the 7^th edition of its arbitration rules (the “2025 SIAC Arbitration Rules”), thus amending the previous 2016 version of the rules. The new 2025 SIAC Arbitration Rules comprise ten sections with 65 Rules, and contain three specific schedules:

• Section I – Introductory Rules (Rule 1 to Rule 5);
• Section II – Commencement of Arbitration (Rule 6 to Rule 11);
• Section III – Procedural Applications (Rule 12 to Rule 18);
• Section IV – Constitution of the Tribunal (Rule 19 to Rule 25);
• Section V – Challenge, Removal and Replacement of Arbitrators (Rule 26 to Rule 30);
• Section VI – The Proceedings (Rule 31 to Rule 44);
• Section VII – Powers of the Tribunal (Rule 45 to Rule 50);
• Section VIII – The Award (Rule 51 to Rule 55);
• Section IX – Deposits and Costs (Rule 56 to Rule 58);
• Section X – General Provisions (Rule 59 to Rule 65);
• Schedule 1 – Emergency Arbitrator Procedure;
• Schedule 2 – Streamlined Procedure; and
• Schedule 3 – Expedited Procedure.

Along with the new rules, the SIAC also published a new Schedule on Costs. One of the notable changes regarding the costs is that the filing fee was increased from SGD 2,180 for Singapore parties and SGD 2,000 for overseas parties under the 2016 Schedule to SGD 3,270 for Singapore parties and SGD 3,000 for overseas parties under the 2025 schedule.

The new rules and the new schedule will come into effect on 1 January 2025. They introduce several key changes and improvements aimed at enhancing efficiency, transparency, and certainty in arbitration proceedings. We will discuss the key new features of the 2025 SIAC Arbitration Rules in this note.

Preliminary Determination Procedure

New Rule 46 of the 2025 SIAC Arbitration Rules permits a party to make an application “for a final and binding preliminary determination of an issue that arises for determination in the arbitration”. This possibility is, however, open only in the following circumstances:

1. the parties agree that the tribunal can make such a preliminary determination;
2. the applicant demonstrates that the preliminary determination is “likely to contribute to savings of time and costs and a more efficient and expeditious resolution of the dispute”; or
3. the circumstances of the case otherwise warrant the preliminary determination.

Emergency Arbitrator Procedure

Pursuant to Rule 12 of the 2025 SIAC Arbitration Rules, prior to the constitution of the arbitral tribunal, a party seeking emergency interim relief may apply for the appointment of an emergency arbitrator. The application must comply with the requirements set out in Schedule 1 (Emergency Arbitrator Procedure). According to paragraph 2 of Schedule 1, the application may be submitted prior to the filing of the Notice of arbitration, or concurrent with such a notice, or any time after the filing of the Notice of arbitration or the Response “but prior to the constitution of the Tribunal.” If the application is submitted prior to the Notice of arbitration, the latter must be submitted within seven days from the date of the Registrar’s receipt of the application, otherwise the application “shall be considered as withdrawn on a without prejudice basis unless the Registrar extends the time.” (paragraph 6 of Schedule 1).

The application must contain the following (paragraph 3 of Schedule 1):

1. any Notice which has been filed in the arbitration and the supporting documents thereon;
2. the identity and contact details of the parties to the arbitration and their representatives;
3. a statement certifying that all parties have been provided with a copy of the Application or, if not, an explanation of the steps taken to provide a copy or noti­fication of the Application to all parties;
4. a copy or description of the arbitration agreement invoked;
5. a copy or description of the contract or other instrument out of or in connection to which the dispute arises;
6. a description of the circumstances giving rise to the Application and of the underlying dispute referred or to be referred to arbitration;
7. a statement of the emergency interim or conservatory relief sought and the reasons why such relief is required on an emergency basis and cannot await the constitution of the Tribunal;
8. any comment as to the applicable rules of law, seat of the arbitration and the language of the arbitration for the emergency proceedings;
9. a statement on the existence of any third-party funding agreement and the identity and contact details of the third-party funder; and
10. English translations of any documents filed in a language other than in English.

The process of appointing an emergency arbitrator is expedited. Pursuant to paragraph 7 of Schedule 1, if the application is accepted by the SIAC, the President “shall seek to appoint an Emergency Arbitrator within 24 hours” either from the date of receipt of the application by the Registrar or from the date of receipt of the filing fee and deposits.

Once appointed, the emergency arbitrator shall have discretion in conducting the emergency interim relief proceedings “taking into account the inherent urgency of emergency interim relief proceedings.” (paragraph 13 of Schedule 1). The emergency arbitrator shall render the order or award within “14 days from the days of the Emergency Arbitrator’s appointment unless the Registrar extends the time” (paragraph 17 of Schedule 1).

The emergency order or award ceases to be binding in the following circumstances (paragraph 20 of Schedule 1):

1. if the parties so agree;
2. if the emergency arbitrator or the tribunal so decides;
3. if the application is considered to be withdrawn;
4. if the tribunal is not constituted within 90 days from the date of the order or award unless the Registrar extends the time;
5. if the claims in the arbitration are withdrawn or the arbitration is terminated prior to the issuance of the final award; or
6. upon issuance of the final award, unless the tribunal determines otherwise.

Ex Parte Protective Preliminary Order Application

As mentioned in the previous section, the emergency relief application must contain “a statement certifying that all parties have been provided with a copy of the Application or, if not, an explanation of the steps taken to provide a copy or noti­fication of the Application to all parties” (paragraph 3(c) of Schedule 1). However, the 2025 SIAC Arbitration Rules also contains a possibility for a party to seek a protective preliminary order ex parte, i.e., “without notice to the other parties”, together with its emergency relief application, mainly when such an application seeks an order “directing a party not to frustrate the purpose of the emergency interim or conservatory measure requested” (paragraph 25 of Schedule 1).

Once the application for ex parte protective preliminary order is accepted by the SIAC and the emergency arbitrator appointed as per paragraph 7 of Schedule 1, the latter “shall determine the protective preliminary order within 24 hours after its appointment.” (paragraph 27 of Schedule 1). In turn, the applicant must, within a maximum of 12 hours of the receipt of the order, “deliver a copy of all the case papers fi­led in the arbitration, the Emergency Arbitrator’s order, and all other communications […] to all the parties, and provide a statement to the Registrar and the Emergency Arbitrator certifying that it has done so, or if not accomplished, an explanation of the steps taken to do so.” (paragraph 29 of Schedule 1). If the applicant does not transmit the required documents and fails to submit the relevant statement, the order granted by the emergency arbitrator “shall expire 3 days after the date on which it was issued” (paragraph 30 of Schedule 1).

The reason for the introduction of the ex parte preliminary order application was to “recognise the potential need for immediate and urgent relief to parties in the early stages of a dispute while balancing the need to preserve the procedural integrity and fairness.”[1]

An ex parte protective preliminary order is especially valuable in cases involving freezing orders or injunctions aimed at preventing the dissipation of assets. In disputes where confidentiality is critical, such as those involving sensitive commercial information or trade secrets, an ex parte order also ensures that the opposing party does not gain advance knowledge of the application.

Streamlined Procedure

Rule 13 of the 2025 SIAC Arbitration Rules establishes a new procedure that did not exist under the previous version of the Rules, i.e., a streamlined procedure. As explained by the SIAC, the streamlined procedure was “designed for low value disputes of low complexity.”[2]

Arbitration can often be time-consuming and expensive, which may deter parties from pursuing it for smaller disputes. The Streamlined Procedure is specifically designed to reduce both time and costs.

The streamlined procedure is possible in the following circumstances:

1. the parties have agreed to the application of the streamlined procedure prior to the constitution of the tribunal; or
2. the amount in dispute does not exceed SGD 1,000,000.00 prior to the constitution of the tribunal.

Rule 13.1 of the 2025 SIAC Arbitration Rules also provides that, upon application of a party, the President may determine that the streamlined procedure shall not apply even in cases where the amount in dispute is less than SGD 1,000,000.00.

The parties also may exclude the application of Rule 13 “by agreement in writing.” (Rule 13.3).

The streamlined procedure regime is set out in Schedule 2. Paragraph 1 of Schedule 2 stipulates that all disputes under streamlined procedure shall be decided by a sole arbitrator, who shall be jointly nominated by the parties within three days from the Secretariat’s notification that the streamlined procedure applies (paragraph 2 of Schedule 2). In the absence of such a joint nomination, the sole arbitrator shall be appointed by the President “as soon as practicable.” (paragraph 3 of Schedule 2).

The streamlined procedure is conducted as follows:

The tribunal shall conduct a case management conference within five days of being constituted. The purpose of the case management conference is to discuss the timetable of the streamlined procedure, “including the determination of any interlocutory applications.” (paragraph 8 of Schedule 2). Interlocutory applications are typically used to address procedural or interim issues that arise while the main matter is pending.)

Unless the sole arbitrator determines otherwise after consultation of the parties:

• • the arbitration “shall be decided on the basis of written submissions and any accompanying documentary evidence” (paragraph 11(a) of Schedule 2);
  • there shall be no document production stage (paragraph 11(b) of Schedule 2); and
  • there shall be no submission of witness statements or expert reports (paragraph 11(c) of Schedule 2).

There shall also be no hearing unless “that hearing is necessary under the circumstances or a party requests a hearing and the Tribunal accepts the request.” If a hearing is accepted, it shall be conducted by “videoconference, teleconference, or any other form of electronic communication unless the parties agree or the Tribunal determines that it is appropriate to conduct an in-person or hybrid hearing.” (paragraph 12 of Schedule 2).

The sole arbitrator shall render the award within three months from the date of his or her constitution, “unless the Registrar determines otherwise.” (paragraph 15 of Schedule 2).

Coordinated Proceedings

The 2025 SIAC Arbitration Rules also contain new provisions regarding coordinated proceedings, set out in Rule 17. These proceedings may be followed in the event that:

1. the same tribunal “is constituted in two or more arbitrations”; and
2. “a common question of law or fact arises out or in connection with all the arbitrations”.

In such cases, a party may apply to the tribunal for the arbitrations to be coordinated in the following manner (Rule 17.1):

1. the arbitrations shall be conducted “concurrently or sequentially”;
2. they shall be “heard together and any procedural aspects shall be aligned”; or
3. “any of the arbitrations shall be suspended pending a determination in any of the other arbitrations.”

However, Rule 17.3 expressly stipulates that such coordinated arbitrations shall “remain separate” and the tribunal shall, therefore, issue “separate decisions, rulings, orders and awards in each arbitration”, unless otherwise agreed by the parties.

Third-Party Funding Disclosure

Another innovation of the 2025 SIAC Arbitration Rules relates to the specific provisions regarding third-party funding. New Rule 38.1 expressly imposes on parties to “disclose the existence of any third-party funding agreement and the identity and contact details of the third-party funder in its Notice or Response or as soon as practicable upon concluding a third-party funding agreement.” However, Rule 38.5 also provides that such disclosure “shall not be taken as an indication of the financial status of a party.” Rule 38.3 then prescribes that a party shall not enter a third-funding party arrangement after the constitution of the tribunal “which may give rise to a conflict of interest with” any member of the tribunal. Should such a conflict exist, the tribunal is empowered to “direct the party to withdraw from the third-party funding agreement.” Finally, per Rule 38.7, the tribunal is also empowered to take appropriate measures, including issuing an order or award for sanctions, if either party does not comply with the obligations set forth in Rule 38.

By including specific provisions on disclosure of third-party funding arrangements, the SIAC has joined other institutions, such as the ICC,[3] ICSID,[4] or HKIAC,[5] which already contain similar provisions in their arbitration rules. One of the primary objectives of third-party funding disclosure is to avoid conflicts of interest between arbitrators and third-party funders.

Security for Costs and Security for Claims

Under the 2016 version of the SIAC Arbitration Rules, the power of the tribunal to order security for costs and security for claims was listed among the tribunal’s additional powers unless otherwise agreed by the parties or prohibited by the mandatory rules of law applicable to arbitration.[6]

The 2025 SIAC Arbitration Rules contain two express provisions – Rule 48 and Rule 49 – empowering the tribunal, upon application of a party, to order either security for costs or security for claims. Security for claims is a procedural mechanism designed to ensure that a party responding to a claim, counterclaim, or cross-claim provides financial security to safeguard the enforcement of any potential award.

Conclusion

The 2025 SIAC Arbitration Rules represent a significant evolution from the 2016 version, introducing innovations aimed at improving efficiency, transparency, and procedural fairness in international arbitration. With new provisions such as the Preliminary Determination Procedure, Streamlined Procedure, and detailed guidelines on third-party funding and security for costs or claims, the revised rules cater to modern arbitration challenges. Enhanced mechanisms for emergency relief, coordinated proceedings, and expedited timelines underscore SIAC’s commitment to addressing the needs of diverse parties.

[1] Highlights of the SIAC Rules 2025, published on the SIAC website.

[2] Highlights of the SIAC Rules 2025, published on the SIAC website.

[3] 2021 ICC Arbitration Rules, Article 11(7).

[4] 2022 ICSID Arbitration Rules, Rule 14.

[5] 2024 HKIAC Arbitration Rules, Article 44.

[6] 2016 SIAC Arbitration Rules, Rule 27(j) and (k).