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Contents
- Preliminary Material
- Foreword to the Second Edition
- Introduction
- Preface and Acknowledgements
- Contents
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Author Biographies
- Main Text
- 1 Arbitration in Singapore
- Preliminary Material
- 1.01
- A Singapore as a Place for International Arbitration
- B The Rise of SIAC
- C Key Developments since the First Edition of the Book
- D Structure and Content of A Guide to the SIAC Arbitration Rules
- 2 Legal Framework for Arbitration in Singapore
- Preliminary Material
- 2.01
- A The Singapore Legislative Framework for Arbitration
- B Singapore Court Supervision and Assistance
- 1 The judicial hierarchy
- 2 Court supervision and assistance
- C Challenge and Enforcement of Awards in Singapore
- 2.81
- 1 Rights of challenge against rulings on jurisdiction
- 2 Rights of challenge against a Singapore award
- 3 General attitude of the Singapore courts to set-aside applications
- 4 Analysis of specific grounds for challenging an award
- 5 Enforcement of a Singapore award in Singapore
- 6 Enforcement of a New York Convention award
- 7 Enforcement of a non-New York Convention award
- 8 Enforcement of an ICSID award in Singapore
- 3 Introduction to SIAC Arbitration
- Preliminary Material
- 3.01
- A Brief History of SIAC
- B The 1991, 1997, and 2007 SIAC Rules
- C The 2010 SIAC Rules
- D The 2013 SIAC Rules
- E The 2016 SIAC Rules
- F The SIAC Investment Arbitration Rules
- G SIAC Domestic Arbitration Rules
- H Ad Hoc Arbitrations, Bunker Claims Procedure, Arb-Med-Arb Protocol, and Derivatives Arbitration
- I Graphical Overview of the 2016 SIAC Rules
- 4 SIAC Corporate Structure
- 5 Starting the Arbitration: (SIAC RULES 1 TO 4)
- Preliminary Material
- 5.01
- A Rule 1—Scope of Application and Interpretation
- B Rule 2—Notice and Calculation of Periods of Time
- C Rule 3—Notice of Arbitration
- 5.45
- 1 Rule 3.1
- 5.46
- a Rule 3.1(a): demand that the dispute be referred to arbitration
- b Rule 3.1(b): contact details of the parties and their representatives
- c Rule 3.1(c): the arbitration agreement
- d Rule 3.1(d): the contract or other instrument
- e Rule 3.1(e): brief overview of the claim
- f Rule 3.1(f): statement on agreed or proposed procedures
- g Rule 3.1(g): proposal on the number of arbitrators
- h Rule 3.1(h): arbitrator nomination
- i Rule 3.1(i): rules of law
- j Rule 3.1(j): language
- k Rule 3.1(k): the filing fee
- 2 Rule 3.2
- 3 Rule 3.3
- 4 Rule 3.4
- D Rule 4—Response to the Notice of Arbitration
- 5.76
- 1 Rule 4.1
- 2 Rule 4.2
- 3 Rule 4.3
- 6 Expedited Proceedings: (SIAC RULE 5)
- Preliminary Material
- 6.01
- A Efficiency and Expedition under the SIAC Rules
- B Rule 5.1—Circumstances in which the Expedited Procedure May Be Appropriate
- C Rule 5.2—The SIAC Expedited Procedure
- D Rule 5.3—The SIAC Expedited Procedure Prevails over an Arbitration Agreement which Contains Contrary Terms
- E Rule 5.4—Discontinuing the Application of the Expedited Procedures to an Arbitration
- 7 Multiple Contracts, Consolidation, Joinder, and Intervention: (SIAC RULES 6 TO 8)
- Preliminary Material
- 7.01
- A Multiple Contracts and Multiple Parties
- B Rule 6—Multiple Contracts
- C Rule 7—Joinder and Additional Parties
- D Rule 8—Consolidation
- 8 Formation and Challenge of the Arbitral Tribunal: (SIAC RULES 9 TO 18)
- Preliminary Material
- 8.01
- A Rule 9—Number and Appointment of Arbitrators
- B Rule 10—Sole Arbitrator
- C Rule 11—Three Arbitrators
- D Rule 12—Multi-party Appointment of Arbitrator(s)
- E Rule 13—Qualifications of Arbitrators
- F Rule 14—Challenge of Arbitrators
- G Rule 15—Notice of Challenge
- H Rule 16—Decision on Challenge
- I Rule 17—Replacement of an Arbitrator
- J Rule 18—Repetition of Hearings in the Event of Replacement of an Arbitrator
- 9 The Conduct of Proceedings: (SIAC RULES 19 TO 26)
- Preliminary Material
- 9.01
- 9.02
- A Rule 19—Conduct of the Proceedings
- B Rule 20—Submissions by the Parties
- C Rule 21—Seat of the Arbitration
- D Rule 22—Language of Arbitration
- E Rule 23—Party Representatives
- F Rule 24—Hearings
- G Rule 25—Witnesses
- H Rule 26—Tribunal-appointed Experts
- 10 Jurisdiction of the Tribunal: (SIAC RULE 28)
- 11 Early Dismissal of Claims and Defences: (SIAC Rule 29)
- 12 The Powers of the Tribunal: (SIAC RULES 27 AND 31)
- Preliminary Material
- 12.01
- A Rule 27—Additional Powers of the Tribunal
- B Rule 31—Applicable Law, Amiable Compositeur, and Ex Aequo et Bono
- 13 Interim and Emergency Relief: (SIAC RULE 30)
- Preliminary Material
- 13.01
- 13.02
- A Rule 30.1—Interim Relief from a Tribunal
- B Rule 30.2—Application for Emergency Relief from an Emergency Arbitrator
- 1 Rule 30.2
- 2 Schedule 1—paragraph 1
- 3 Schedule 1—paragraph 2
- 4 Schedule 1—paragraph 3
- 5 Schedule 1—paragraph 4
- 6 Schedule 1—paragraph 5
- 7 Schedule 1—paragraph 6
- 8 Schedule 1—paragraph 7
- 9 Schedule 1—paragraph 8
- 10 Schedule 1—paragraph 9
- 11 Schedule 1—paragraph 10
- 12 Schedule 1—paragraph 11
- 13 Schedule 1—paragraph 12
- 14 Schedule 1—paragraph 13
- 15 Schedule 1—paragraph 14
- C Rule 30.3—Interim Relief from a Court
- 1 Rule 30.3
- a Interim relief from a court is not incompatible with the SIAC Rules
- b Applications to a court for interim relief prior to the constitution of the tribunal
- c Applications to a court after the tribunal has been constituted
- d Criteria for obtaining interim relief from Singapore High Court
- e Forms of interim relief
- f Posting of security and undertakings as to damages
- g Sovereign immunity
- 1 Rule 30.3
- 14 Awards: (SIAC RULES 32 TO 33)
- Preliminary Material
- 14.01
- A Rule 32—The Award
- B Rule 33—Corrections and Interpretations of Awards and Additional Awards
- 15 Costs: (SIAC RULES 34 TO 37)
- Preliminary Material
- 15.01
- A Arbitration and Litigation Costs Compared
- B Costs in SIAC Arbitration
- C SIAC Arbitration Costs Compared to those of the ICC and the HKIAC
- D Rule 34—Fees and Deposits
- E Rule 35—SIAC Costs of the Arbitration
- F Rule 36—Tribunal’s Fees and Expenses
- G Rule 37—Party’s Legal and Other Costs
- 16 Miscellaneous Provisions: (SIAC RULES 38 TO 41)
- Preliminary Material
- 16.01
- A Rule 38—Exclusion of Liability
- B Rule 39—Confidentiality
- C Rule 40—Decisions of the President, the Court, and the Registrar
- D Rule 41—General Provisions
- 17 Ad Hoc Arbitration
- Preliminary Material
- 17.01
- 17.02
- A Introduction to Ad Hoc Arbitration
- B SIAC Support of Ad Hoc Arbitration
- 17.15
- 17.16
- 1 Singapore law
- 2 An agreement of the parties
- 3 Selection of SIAC by the Secretary-General of the PCA
- 4 SIAC support of cases conducted under the UNCITRAL Arbitration Rules
- 18 SIAC Domestic Arbitration
- 19 SIAC Investment Rules
- Preliminary Material
- 19.01
- 19.02
- A Introduction
- B Key Provisions of the SIAC IA Rules
- 1 Arbitration in Singapore
- Further Material
- Appendix 1 Arbitration Rules of the Singapore International Arbitration Centre
- 1 Scope of Application and Interpretation
- 2 Notice and Calculation of Periods of Time
- 3 Notice of Arbitration
- 4 Response to the Notice of Arbitration
- 5 Expedited Procedure
- 6 Multiple Contracts
- 7 Joinder of Additional Parties
- 8 Consolidation
- 9 Number and Appointment of Arbitrators
- 10 Sole Arbitrator
- 11 Three Arbitrators
- 12 Multi-Party Appointment of Arbitrator(s)
- 13 Qualifications of Arbitrators
- 14 Challenge of Arbitrators
- 15 Notice of Challenge
- 16 Decision on Challenge
- 17 Replacement of an Arbitrator
- 18 Repetition of Hearings in the Event of Replacement of an Arbitrator
- 19 Conduct of the Proceedings
- 20 Submissions by the Parties
- 21 Seat of the Arbitration
- 22 Language of the Arbitration
- 23 Party Representatives
- 24 Hearings
- 25 Witnesses
- 26 Tribunal-Appointed Experts
- 27 Additional Powers of the Tribunal
- 28 Jurisdiction of the Tribunal
- 29 Early Dismissal of Claims and Defences
- 30 Interim and Emergency Interim Relief
- 31 Applicable Law, Amiable Compositeur and Ex Aequo et Bono
- 32 Award
- 33 Correction of Awards, Interpretation of Awards and Additional Awards
- 34 Fees and Deposits
- 35 Costs of the Arbitration
- 36 Tribunal’s Fees and Expenses
- 37 Party’s Legal and Other Costs
- 38 Exclusion of Liability
- 39 Confidentiality
- 40 Decisions of the President, the Court and the Registrar
- 41 General Provisions
- Schedule 1: Emergency Arbitrator
- Schedule of Fees
- Other Fees
- Appendix 2 Investment Arbitration Rules of the Singapore International Arbitration Centre
- Introduction
- 1 Scope of Application and Interpretation
- 2 Notice and Calculation of Periods of Time
- 3 Notice of Arbitration
- 4 Response to the Notice of Arbitration
- 5 Number and Appointment of Arbitrators
- 6 Sole Arbitrator
- 7 Multiple Arbitrators
- 8 Appointment of Arbitrators by the Court
- 9 Multi-Party Appointment of Arbitrators
- 10 Qualifications of Arbitrators
- 11 Challenge of Arbitrators
- 12 Notice of Challenge
- 13 Decision on Challenge
- 14 Replacement of an Arbitrator
- 15 Repetition of Hearings in the Event of Replacement of an Arbitrator
- 16 Conduct of the Proceedings
- 17 Submissions by the Parties
- 18 Seat of the Arbitration
- 19 Language of the Arbitration
- 20 Party Representatives
- 21 Hearings
- 22 Witnesses
- 23 Tribunal-Appointed Experts
- 24 Additional Powers of the Tribunal
- 25 Jurisdiction of the Tribunal
- 26 Early Dismissal of Claims and Defences
- 27 Interim and Emergency Interim Relief
- 28 Applicable Law, Amiable Compositeur and Ex Aequo et Bono
- 29 Third-Party Submissions
- 30 Award
- 31 Correction of Awards, Interpretation of Awards and Additional Awards
- 32 Fees and Deposits
- 33 Costs of the Arbitration
- 34 Tribunal’s Fees and Expenses
- 35 Party’s Legal and Other Costs
- 36 Exclusion of Liability
- 37 Confidentiality
- 38 Publication
- 39 Decisions of the President, the Court and the Registrar
- 40 General Provisions
- Schedule 1 Emergency Arbitrator
- Schedule of Fees
- Appendix 3 Singapore International Arbitration Centre
- Appendix 4 Singapore International Arbitration Act
- Chapter 143A
- Arrangement of Sections
- Part I Preliminary
- Part II International Commercial Arbitration
- Enforcement of international arbitration agreement
- Court’s powers on stay of proceedings
- Authorities specified for purposes of Article 6 of Model Law
- Application of Limitation Act and Foreign Limitation Periods Act 2012
- Number of arbitrators for purposes of Article 10 (2) of Model Law
- Default appointment of arbitrators
- Appeal on ruling of jurisdiction
- Public policy and arbitrability
- Reference of interpleader issue to arbitration
- Powers of arbitral tribunal
- Court-ordered interim measures
- Witnesses may be summoned by subpoena
- Law of arbitration other than Model Law
- Application of rules of arbitration
- Appointment of conciliator
- Power of arbitrator to act as conciliator
- Award by consent
- Enforcement of awards
- Awards made on different issues
- Effect of award
- Authentication of awards and arbitration agreements
- Interest on awards
- Taxation of costs
- Proceedings to be heard otherwise than in open court
- Restrictions on reporting of proceedings heard otherwise than in open court
- Court may set aside award
- Liability of arbitrator
- Immunity of appointing authority and arbitral institutions, etc.
- Transitional provisions
- Part III: Foreign Awards
- Part IV General
- First Schedule
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued Article 27. Court assistance in taking evidence
- First Schedule—continued Article 31. Form and contents of award
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- First Schedule—continued
- Second Schedule
- Second Schedule—continued
- Second Schedule—continued
- Second Schedule—continued
- Second Schedule—continued
- Second Schedule—continued
- Legislative History
- Comparative Table
- Index
- Appendix 1 Arbitration Rules of the Singapore International Arbitration Centre
