17 Ad Hoc Arbitration »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
An ad hoc arbitration can be defined as an arbitration that is not administered by an arbitral institution. With that as its definition, one may be surprised to learn that an arbitration institution can have a role to play in an ad hoc arbitration. The smooth running of an ad hoc arbitration can be facilitated by the appointment of an arbitral institution such as SIAC to perform certain limited functions and, in particular, to be on standby to step in should the process for the constitution of the tribunal or its functioning break down. The chapter begins with a brief introduction to ad hoc arbitration in Part A. The three ways in which SIAC may be called upon to support an ad hoc arbitration, and the types of services it can provide, are described in Part B.
Alphabetical Contents »
Edited By: Michael Moser, John Choong
From: Asia Arbitration Handbook
Edited By: Michael Moser, John Choong
1 Arbitration in Singapore »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
Singapore is the most popular seat for international arbitration in Asia, and the fourth most popular seat in the world. Over 2,500 cases have been referred to the Singapore International Arbitration Centre (SIAC) in the 26 years since it first opened its doors, making it reportedly the fifth most popular institution for international arbitrations globally. This chapter first discusses the factors that explain Singapore's popularity as a place for international arbitration. These include government and legislative support, judicial support, reputation for neutrality, stable and predictable laws, and cultural and legal links to its Asian neighbours. It then details the rise of the SIAC and the structure and content of the present volume.
Appendix 1 Arbitration Rules of the Singapore International Arbitration Centre »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
Author Biographies »
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
14 Awards: (SIAC RULES 32 TO 33) »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
This chapter focuses on Singapore International Arbitration Centre (SIAC) Rules 32 to 33. Rules 32 and 33 provide the framework for the making of awards in SIAC arbitrations. Singapore law defines an award as ‘a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any orders or directions made under section 12’. Part A of the chapter considers Rule 32, which is split into twelve sub-rules, each dealing with a distinct issue relating to the issuance, content, scrutiny, effect, and the publication of awards. Part B addresses Rule 33, which allows a tribunal to correct or interpret an award that has been issued to the parties and issue an additional award.
4 China and Hong Kong »
Michael Moser, John Choong
From: Practitioner's Handbook on International Commercial Arbitration (2nd Edition)
Edited By: Frank-Bernd Weigand
4.01 In recent years, the People’s Republic of China (‘PRC’) has gained increasing recognition as an important player in international arbitration. Hong Kong, which reverted to Chinese sovereignty in 1997 but retains its own separate arbitration regime, has long held one of the premier positions among Asian international arbitration venues. 4.02 This chapter covers the arbitration regime in both the PRC and Hong Kong. The two systems are discussed separately under each header, using the following notations: 4.03 (A) Prior to 1995, the PRC’s arbitration law was...
9 The Conduct of Proceedings: (SIAC RULES 19 TO 26) »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
This chapter addresses the Singapore International Arbitration Centre (SIAC) Rules governing the conduct of proceedings in a SIAC arbitration. It begins by enumerating the general principles (Rule 19) in Part A, followed by specific rules governing: the parties' written submissions (Rule 20) in Part B; the choice of seat (Rule 21) and language (Rule 22) in parts C and D, respectively; the parties' representatives (Rule 23) in Part E; the conduct of hearings (Rule 34) in Part F; witness evidence (Rule 25) in Part G; and the use of tribunal-appointed experts (Rule 26) in Part H. Notably, while the SIAC Rules leave considerable scope for the parties to determine how their arbitration should be conducted, the SIAC Rules (and in particular Rules 19.1, 20.1, and 25.3) have been amended in recent years to make clear that the tribunal has full authority to conduct the arbitration as it considers appropriate.
Contents »
Edited By: Michael Moser, John Choong
From: Asia Arbitration Handbook
Edited By: Michael Moser, John Choong
Contents »
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
Contributors »
Edited By: Michael Moser, John Choong
From: Asia Arbitration Handbook
Edited By: Michael Moser, John Choong
15 Costs: (SIAC RULES 34 TO 37) »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
This chapter discusses Singapore International Arbitration Centre (SIAC) Rules 34 to 37. Parties negotiating a contract have to decide whether to agree to have disputes determined by municipal courts or through arbitration. Cost can be a major factor in that decision. Part A of this chapter begins with a look at the cost of arbitrating a dispute in comparison to having a dispute determined by litigation. There follows an analysis of the key features of the assessment of costs in SIAC arbitration in Part B. In Part C, the SIAC costs of arbitration are compared to the costs payable by parties in disputes administered by two of SIAC's regional competitors, the International Chamber of Commerce and Hong Kong International Arbitration Centre. Finally, Rules 34 to 37 of the SIAC Rules (2016), which govern the calculation and apportionment of the fees and expenses of an arbitral tribunal, the SIAC Secretariat, and individual party costs, are each considered in turn in parts D to G.
11 Early Dismissal of Claims and Defences: (SIAC Rule 29) »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
This chapter addresses one of the main changes in the 2016 Singapore International Arbitration Centre (SIAC) Rules: the introduction of Rule 29 on the early dismissal of claims and defences. The 2010 SIAC Arbitration Rules did not contain any equivalent provision. The chapter begins with an introduction to early dismissal mechanisms in arbitration generally, in Part A. It then addresses the scope of Rule 29 in Part B, followed by an examination of the procedural aspects of Rule 29 in Part C. Parts D and E examine the discretion of the tribunal in deciding whether to grant a Rule 29 application and the tribunal's decision at the conclusion of the Rule 29 proceedings, respectively.
Editors »
Edited By: Michael Moser, John Choong
From: Asia Arbitration Handbook
Edited By: Michael Moser, John Choong
6 Expedited Proceedings: (SIAC RULE 5) »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
One of the criticisms against international arbitration is its occasional failure to live up to its potential for the expeditious resolution of disputes. Indeed, there is a tension at the core of modern international arbitration. On the one hand, parties seek speedy, cost-efficient, and final dispute resolution; while on the other hand, the absence of an appeal mechanism for arbitral awards generates a perceived need for exhaustive analysis of every fact and conceivable argument and for the retention of the ‘best’ (and therefore the busiest) lawyers and arbitrators, creating an attendant risk of ever-longer and more expensive arbitration proceedings. This chapter discusses the SIAC's rules designed to achieve expedition and cost-efficiency in all cases. These include Rule 5.1 on circumstances in which the expedited procedure may be appropriate, and Rule 5.2 covering the SIAC expedited procedure.
Foreword »
Edited By: Michael Moser, John Choong
From: Asia Arbitration Handbook
Edited By: Michael Moser, John Choong
Foreword »
Edited By: Michael Moser, John Choong
From: Asia Arbitration Handbook
Edited By: Michael Moser, John Choong
8 Formation and Challenge of the Arbitral Tribunal: (SIAC RULES 9 TO 18) »
John Choong
From: A Guide to the SIAC Arbitration Rules (2nd Edition)John Choong, Mark Mangan, Nicholas Lingard
The ability of parties to influence the constitution of their arbitral tribunal is an important manifestation of party autonomy in international arbitration. This chapter first discusses the means by which parties can do so pursuant to Rules 9 to 13. Specifically, Rule 9 covers the number and appointment of arbitrators; Rule 10 provides a default procedure for the nomination and appointment of a sole arbitrator should the parties fail to agree on a candidate; Rule 11 discusses the appointment of arbitrators; Rule 12 covers the multi-party appointment of arbitrator(s); and Rule 13 deals with the qualifications of arbitrators. The chapter then considers the procedures for, and consequences of, a party challenging an appointed arbitrator under Rules 14 to 18.
