The Singapore International Arbitration Centre (SIAC), a leading global arbitral institution, has rolled out the SIAC Rules 2025. Any rule changes by an institute of that standing simply cannot be ignored. The revisions in the new rules tailored to meet the complexities of modern commercial disputes and underscore Singapore's dedication to fostering a supportive environment for arbitration. The key changes in these new rules are below.
SIAC Rules 2025: Efficiency, Transparency, and Certainty
The Singapore International Arbitration Centre (SIAC) ushered in the new year with the introduction of the 2025 rules (SIAC Rules 2025), which came into force on 1 January 2025. The SIAC Rules 2025 are specifically designed to boost efficiency, increase transparency, and promote expediency. The key differences are as follows.
1. Emergency arbitrator procedures
One leader of that charge is the revised emergency arbitrator procedures, which now allows the filing of an application for the appointment of an emergency arbitrator prior to that of a notice of arbitration. In a surprise addition to the draft rules issued for consultation, a party may make an ex parte application for preliminary orders, which the emergency arbitrator is required to determine within 24 hours after appointment to provide immediate protection to parties.
2. Streamlined procedure
Arbitrations under SGD 1 million (approximately USD 730,000) automatically adopt the new streamlined procedure introduced in the SIAC Rules 2025, which contemplates the appointment of a sole arbitrator and issuance of the final award within three months of the tribunal being constituted in the name of cost and time efficiency. The maximum fees for the tribunal and SIAC for the streamlined procedure are also halved. Parties can request the SIAC court do away with this procedure in the absence of an agreement to exclude its application. Conversely, parties may agree to adopt the procedure prior to constitution of the tribunal for disputes where the quantum exceeds SGD 1 million.
3. Preliminary determination
Though tribunals already have the discretion to do so under old rules, the SIAC Rules 2025 now expressly confers power on a tribunal to issue a preliminary determination of any issue in dispute at an early stage of an arbitration. A tribunal has the discretion to decide on the procedure for making any preliminary determination and must render its determination within 90 days from the date of application. This is kept distinct from the power to rule on an early dismissal – parties can only select one to apply for.
4. Third-party funding disclosure mandates
Third-party funding has been permitted in Singapore-seated arbitration and related litigation since 2017. With the SIAC Rules 2025, parties are no longer reliant on best practice guidelines with respect to matters for which disclosure ought to be made. Not only is a funded party required to disclose the existence and identity of its funder – a tribunal may also order disclosure of relevant information and may take the funding agreement into account when apportioning costs.
5. Expediency in arbitral awards
In a pivotal change from the old 2016 rules under which the submission of the draft award by a tribunal was only required within 45 days of the tribunal's declaration of proceedings as closed (on which it had flexibility to decide), the SIAC Rules 2025 now requires the tribunal to submit the draft award to the secretariat within 90 days of the date of the last directed oral or written submission.
Conclusion
Whilst parties may be delighted by more rigorous structure (and therefore certainty), it also challenges arbitrators and arbitration counsel to adapt to what is a clear message sent by the SIAC that arbitrations need to be cost effective, efficient, and of benefit to its paying users – parties who bear substantive costs and fees to have their disputes heard.
The SIAC Rules 2025 are overall representative of Singapore's arbitration-friendly policies and speak much to its reputation for excellence and expediency, whilst not disregarding the understated desire from parties for such rules to be adapted to individual disputes. For these reasons, the SIAC Rules 2025 may prove to be a winner in inclusion in contracts particularly in industries where resolution of large commercial disputes may prove to dictate a party's risk appetite for the coming financial year(s).
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