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WELCOME TO

WELCOME TO. --Agree to Arbitrate not Litigate--. Arbitrating in Singapore: The SIAC Procedure. Promotion of International Arbitration. 1 . Singapore acceded to the New York Convention in 1986. 2. Established SIAC in 1991. 3. Enacted UNCITRAL Model Law in 1995 as 1st Schedule of IAA.

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WELCOME TO

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  1. WELCOME TO --Agree to Arbitrate not Litigate-- Arbitrating in Singapore: The SIAC Procedure

  2. Promotion of International Arbitration 1.Singapore acceded to the New York Convention in 1986 2. Established SIAC in 1991 3. Enacted UNCITRAL Model Law in 1995 as 1st Schedule of IAA

  3. SIAC’s Caseload

  4. SIAC’s Facilities & Services 1. Hearing rooms of various sizes (seats 6 to 44 persons) 2. Recess rooms adjoining main hearing room 3. Library 4. Video & Teleconferencing facilities 5. Transcription & Interpretation Services 6. Case Administration Services

  5. Arbitration Procedure under the SIAC Rules (2nd Edition) 1997

  6. Notice of Arbitration (Rule 3) 1. Demand that disputes be referred to arbitration 2. Brief description of disputes & claim 3. Proposal for appointment of arbitrator(s) 4. File with SIAC & serve on the other party 5. Commencement of arbitration upon filing with SIAC - time stops to run for limitation purposes

  7. Response(Rule 4) 1.Confirmation or denial of claim 2. Brief description of Counterclaim 3. Comments on any proposal in the Notice of Arbitration [eg. Appointment of arbitrator(s)]

  8. Number of Arbitrators(Rule 6) 1.Sole arbitrator unless agreed otherwise • 1st Schedule - AA • Section 9 - IAA 2. Rationale - to save costs

  9. Appointment of Arbitrator(s) by SIAC(Rules 7 & 8) 1.Where parties are unable to agree on the appointment of arbitrator(s), the SIAC Chairman will make the appointment to avoid undue delay 2. Common for SIAC to appoint arbitrator(s)

  10. Further Conduct(Rule 17) 1.Once constituted, Tribunal will give directions for further conduct of the arbitration 2. Underscores the importance to have the Tribunal constituted as soon as possible with SIAC making the appointment where parties cannot agree

  11. Statements(Rule 18) 1.Statements of Case, Defence and Counterclaim shall state the facts and contentions of laws and attach copies of relevant documents 2. If Claimant fails to file Statement of Case, Tribunal may terminate arbitration 3. If Respondent fails to file Defence, Tribunal may proceed and make an award based on the evidence presented

  12. Party Representation (Rule 21) 1. A party may be represented by lawyers or other representatives of its choice 2. Under Section 34A of Legal Profession Act - • Where Singapore laws apply, foreign lawyers may appear jointly with a Singapore lawyer • Where other laws apply, foreign lawyers may appear by themselves

  13. Oral Hearing(Rule 4) 1.Unless otherwise agreed, a party shall have the right to oral hearing 2. If a party fails to appear at the hearing, the Tribunal may proceed with hearing make an award based on evidence presented at the hearing 3. Unless otherwise agreed, hearing in private, no reporters allowed

  14. The Award (Rule 28) 1. Tribunal to issue reasoned award within 45 days from close of hearing 2. Decision of Tribunal by a majority 3. Tribunal may award simple or compound interest 4. Tribunal may issue consent award at the request of parties

  15. SIAC Case Administration SIAC performs important administrative and secretariat functions:- 1. Acknowledgement of receipt of Notice of Arbitration (signifies commencement of arbitration and stops time from running) 2. SIAC Chairman acts as default appointing authority (to avoid undue delay when parties cannot agree)

  16. SIAC Case Administration 3. Registrar taxes costs of the arbitration and party and party costs 4. Registrar has a say on Tribunal’s fees 5. Secretariat overseas the timely progress of the proceedings

  17. Why Arbitrate in Singapore? • Locality • Infrastructure • Expertise • Law & Procedure • SIAC & Facilities

  18. THANK YOU

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