12 The Powers of the Tribunal: (SIAC RULES 27 AND 31)

Subject(s):

Arbitration — International courts and tribunals, powers

This chapter discusses some of the key powers of a Singapore International Arbitration Centre (SIAC) tribunal under Rules 27 and 31. The 2016 edition of the SIAC Rules makes clear for the first time in the history of SIAC that the tribunal's prescribed powers are subject to any agreement of the parties. But that does not mean the tribunal can only exercise its powers under Rule 27 upon an agreement of the parties or after being requested to do so by a party. A tribunal can exercise its powers under Rule 27 of its own motion (i.e. sua sponte). Under Rule 31, the tribunal has the power to determine the law applicable to the substance of a dispute (in the absence of the parties having agreed the applicable law) and to determine a dispute on equitable grounds (if authorized to do so by the parties).