SIAC Rules 2025: Pioneering a New Era of Arbitration
The 7th edition of the Arbitration Rules of the Singapore International Arbitration Centre (the “2025 Rules”) heralds a transformative approach to arbitration, effective from 1 January 2025. These rules, applicable to all arbitrations commenced from that date unless parties stipulate otherwise, are set to redefine the efficiency, flexibility, and transparency of the arbitration process.
Key Innovations of the SIAC Rules 2025:
Streamlined and Expedited Procedures:
The introduction of a Streamlined Procedure in Rule 13 and Schedule 2, complemented by the expanded Expedited Procedure in Rule 14 and Schedule 3, marks a significant shift towards rapid resolution of disputes. At the same time as increasing the threshold for requesting the Expedited Procedure to SGD 10 million from SGD 6 million, the 2025 Rules have introduced the Streamlined Procedure for claims below SGD 1 million, promising final awards within a three-month timeframe, with costs capped at 50 percent of the maximum limits set out in the SIAC’s Schedule of Fees.
Emergency Arbitrator Procedure:
Rule 25 of Schedule 1 to the 2025 Rules breaks new ground by allowing parties to seek emergency interim relief without prior notice to other parties. This provision empowers a party to swiftly seek the appointment of an Emergency Arbitrator for interim measures, alongside a protective preliminary order directing a party not to frustrate the purpose of the emergency interim or conservatory measure, without the need to inform other parties—ensuring immediate action to prevent the dissipation of assets. This enhancement aligns SIAC with the Dubai International Arbitration Centre (“DIAC”) in empowering parties to secure ex parte interim relief. However, in contrast to the DIAC framework, which permits ex parte applications where “the procedural law applicable to the seat of the arbitration … permits such applications without notice to the other party or parties”, the SIAC Rules offer greater latitude: they entrust the SIAC President with the broad discretion to determine whether to accept protective preliminary order applications.
Preliminary Determination:
Rule 46 provides a new Preliminary Determination mechanism that enables tribunals to make final and binding decisions on key issues at an early stage in an arbitration, streamlining the arbitration process and potentially saving time and costs. This can be done where the parties agree to grant this power to the tribunal, the applicant is able to demonstrate that a preliminary determination is likely to contribute to savings of time and costs and a more efficient and expeditious resolution of the dispute, or the circumstances of the case otherwise warrant the preliminary determination of the issue.
Coordinated Proceedings:
Addressing the complexities of multiple arbitrations, Rule 17 of the 2025 Rules facilitates the synchronized resolution of arbitrations that are not consolidated but that share common legal or factual issues, mitigating the risk of conflicting outcomes and reducing procedural redundancies.
Transparency in Third-Party Funding:
Rule 38 of the 2025 Rules introduces mandatory disclosure of third-party funders, enhancing transparency and preventing potential conflicts of interest post-tribunal constitution. Tribunals are also empowered to consider funding arrangements when apportioning costs.
Environmental Considerations and Cybersecurity:
In a forward-thinking move, Rules 32.4(b) and 61 of the 2025 Rules encourage the adoption of environmentally sustainable arbitration practices and robust information security measures, reflecting SIAC's commitment to innovation and responsibility.
The 2025 Rules represent a significant evolution in arbitration practice, integrating best practices from leading arbitration institutions while pioneering unique solutions to contemporary dispute resolution challenges. These updates solidify SIAC's position as a premier venue for international arbitration, offering an efficient, transparent, and cost-effective dispute resolution framework.
As we navigate the complexities of modern commercial disputes, the 2025 Rules stand as a testament to SIAC's visionary leadership in arbitration. They not only anticipate the future needs of global commerce but also respond with agility and precision, ensuring that SIAC remains at the forefront of arbitration excellence.