Understanding the SIAC Arbitration Rules 2025

On 1 January 2025, the 7th Edition of the Arbitration Rules of the Singapore International Arbitration Centre (the 2025 SIAC Rules) took effect. As summarised in our prior alert: A new dawn? SIAC consults on revised arbitration rules, the updates to the SIAC Rules are aimed at enhancing user experience and raising the bar on efficiency, speed, and cost-effectiveness.

The 2025 SIAC Rules introduce a number of new or expanded provisions designed to give SIAC users and arbitrators a broader set of tools to tailor arbitration proceedings to most effectively and efficiently resolve disputes. While the 2025 SIAC Rules adopt many of the key innovations of the consultation draft discussed in our prior alert, they also include some changes resulting from SIAC's consultation process.

Key features of the 2025 SIAC Rules, discussed below, include:

• revised requirements for emergency arbitration
• a new streamlined procedure for low value disputes
• a broader application of the expedited procedure
• new rules on coordinating related proceedings
• revised rules regarding the appointment of arbitrators
• a new requirement for parties to disclose certain third-party funding agreements
• new rules for preliminary determination, and
• streamlined administrative procedures, including a new online case management system

 

Emergency arbitrator procedures (Rule 12/Schedule 1)

The 2025 SIAC Rules broaden the tools available to parties to seek interim relief. Under Rule 12, parties may now appoint an Emergency Arbitrator prior to the filing of a Notice of Arbitration rather than having to wait to do so in conjunction with, or after, filing the Notice of Arbitration. By way of comparison, under the ICC Arbitration Rules, emergency procedures are available prior to the submission of the Request for Arbitration, whereas under the LCIA Arbitration Rules, parties must submit their Request for Arbitration (or Response) with the application for emergency arbitration (if not already filed).

In addition, parties may now also seek protective preliminary orders to prevent parties from frustrating the purpose of the requested emergency interim or conservatory measures on an ex parte basis. By allowing parties to obtain ex parte relief from an Emergency Arbitrator, the 2025 SIAC Rules introduce a new procedural tool that is not found in the arbitration rules of most of the other leading institutions.

 

Streamlined Procedure (Rule 13/Schedule 2)

Under Rule 13 of the 2025 SIAC Rules, a new Streamlined Procedure may be used as an alternative to the existing Expedited Procedure in circumstances where: (i) the parties agree to its application or (ii) the amount in dispute does not exceed SGD1 million (unless the SIAC President determines that the procedure shall not apply). Under the Streamlined Procedure, only a sole arbitrator may be appointed, and if the parties cannot agree on a sole arbitrator within three days, one will be appointed by the SIAC President. Under this procedure, the sole arbitrator must render a final award, which will state the reasons upon which it is based in summary form, within three months from the constitution of the tribunal.

 

Expedited Procedure (Rule 14/Schedule 3)

SIAC has also broadened the application of the existing Expedited Procedure under Rule 14 by increasing the threshold for the amount in dispute from SGD6 million to SGD10 million. The Expedited Procedure may be applied in circumstances in which the SIAC President determines it is warranted. In general, under the Expedited Procedure, the arbitration is conducted before a sole arbitrator, decided based on written submissions and with limited or no document production, and an award must be rendered within six months.

 

Coordinated proceedings (Rule 17)

Under the 2025 SIAC Rules, where the same tribunal is constituted in multiple arbitrations which have not been consolidated and a common question of law and fact arises, a party may seek a ruling from the tribunal ordering the coordinated arbitrations to be conducted concurrently, sequentially, heard together, suspended pending a determination of other arbitrations or aligning the coordinated arbitrations in any procedural aspects. This update aligns the 2025 SIAC Rules with the LCIA Rules on coordinated proceedings and provides a further procedural tool for efficient management of related disputes.

 

Appointment of arbitrators

The 2025 SIAC Rules also introduce amendments regarding the appointment of arbitrators, including:

• Risk of unequal treatment: Rule 19.10 provides that if under the terms of an appointment procedure agreed by the parties there is a substantial risk of unequal treatment of the parties that may affect the enforceability of the award, the SIAC President may, after considering the views of the parties, take any necessary measure to constitute an independent and impartial tribunal. In such a case, each party shall be deemed to have waived its right to nominate an arbitrator or otherwise participate in the constitution of the tribunal and the SIAC President may revoke the appointment of any arbitrators. This new provision addresses the long-standing issue of whether parties may contractually agree on an unequal way of forming a tribunal and whether such agreement may affect the enforceability of the award. The new rule therefore brings the SIAC Rules in line with certain changes that other arbitration institutions have made to their rules (including the ICC rules in its latest amendments in 2021) to give the arbitration institution the express authority to intervene to avoid the risk of unequal treatment. It remains to be seen whether Rule 19.10, which appears to give the SIAC President very broad powers, will be deemed by parties to encroach on their right to nominate arbitrators in their preferred manner as a fundamental right.

• Compliance with the SIAC Code of Ethics: Rule 20.1 provides that any arbitrator appointed under the 2025 SIAC Rules must conduct themselves in accordance with SIAC’s Code of Ethics and Practice Notes and sign a Statement of Acceptance, Independence, Impartiality and Availability.

• Additional ground to challenge arbitrators: Rule 26.1 provides one additional ground to challenge an arbitrator, ie, where the arbitrator becomes de jure or de facto unable to perform their functions. Another ground for challenge, which was proposed in the draft rules but not adopted, was a challenge based on an arbitrator's failure to act or perform their functions in accordance with the Rules or within prescribed time limits.

 

Third-party funding disclosures (Rule 38)

Following changes under Singapore law to allow third-party funding in international arbitration and related litigation that have been implemented since the previous version of the SIAC Rules, the 2025 SIAC Rules have introduced new rules governing cases involving third-party funding. Under Rule 38, parties must disclose the existence of any third-party funding agreement and the identity of the third-party funder in its Notice of Arbitration, Response to the Notice of Arbitration, or immediately upon concluding a third-party funding agreement. Tribunals may also order the disclosure of the details of the third-party funder’s interest in the outcome of the proceedings and whether the third-party funder has committed to undertake adverse costs liability, and may take such agreements into consideration when apportioning costs.

Notably, arbitral institutions have taken various different approaches to this issue. For example, whereas the LCIA does not require disclosures relating to third-party funding, the ICC requires disclosure under its Notes to Parties and Arbitral Tribunals on the Conduct of ICC Arbitrations; and, under the ICDR Rules, parties may be required to disclose such information (ICDR, Article 14.7)).

 

Preliminary determinations (Rule 46)

The 2025 SIAC Rules further give tribunals the express authority to issue preliminary determinations. Under Rule 46, tribunals may adopt a preliminary determination: (i) if the parties agree; (ii) where the applicant is able to demonstrate that the determination is likely to contribute to time or cost savings and a more efficient and expeditious resolution of the dispute; or (iii) if the circumstances of the case otherwise warrant the preliminary determination. If the tribunal allows the application to proceed and permits the parties to make submissions, the tribunal must make a decision on the application within 90 days.

While preliminary determinations are a common feature of international arbitration practice, not all institutions provide detailed procedures governing such determinations. Under the LCIA Rules, for example, tribunals may decide the stage of the arbitration at which any issue shall be determined (LCIA Rules, Rule 22.1(vii)).

SIAC's new procedure for preliminary determinations is separate and distinct from SIAC’s existing procedure for the early dismissal of claims and defences which are either manifestly without merit or outside the jurisdiction of the tribunal, as set forth in Rule 47.

 

Streamlined administrative procedures

The 2025 SIAC Rules also include a number of new or updated provisions aimed at streamlining the arbitration process.

• Administrative conference: Rule 11 provides that the Registrar may direct the parties to attend an administrative conference (which may be held virtually) prior to the constitution of the tribunal to discuss any procedural or administrative directions to be made by the Registrar.

• Tribunal secretary: Rule 24 sets out the new rules for the appointment of a tribunal secretary including the mechanism to appoint and challenge a tribunal secretary.

• Case management timelines: Tribunals now face more stringent timelines under the 2025 SIAC Rules. For instance, tribunals must decide early dismissal applications within 45 days (instead of 60 days) (Rule 47.4) and tribunals are required to submit draft awards to SIAC within 90 days from the date of the last directed oral or written submission in respect of the proceedings (Rule 53.2).

SIAC's implementation of the 2025 SIAC Rules also coincided with the launch of the SIAC Gateway, SIAC’s cloud-based case management system. This system, which is powered by Opus 2, is designed to streamline the arbitration case management, and offers features such as electronic filing and payment, secure document storage, and real-time case management.

 

Proposed amendments that didn’t make the final cut

The 2025 SIAC Rules do not include some amendments that were proposed in the consultation draft of the revised rules. For example, the requirement that the SIAC President take into account principles of diversity and inclusion when appointing arbitrators, and a presumption that parties agree to the publication of awards and decisions subject to their opting out.

 

Conclusion

In its 2025 SIAC Rules, SIAC has introduced a number of important developments aimed at enhancing efficiency, transparency, and flexibility of dispute resolution in SIAC. In some ways, the updates bring the SIAC Rules into alignment with the rules of other major arbitration institutions. In other ways, SIAC seeks to secure its role as an innovator and market leader that pushes the boundaries of alternative dispute resolution. As Singapore continues to grow as a preferred arbitral seat and as SIAC continues to position itself as a leading international arbitration institution, the updated rules will be of considerable importance to users of international arbitration who conduct business in Asia.

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