Innovation in Arbitration – the Singapore experience

Dinesh DhillonPartnerLitigation & Disputes Resolution

25 November 2016

Overview

• Singapore International Mediation Centre

– Complementary nature with arbitration

• Recent developments in the SIAC Rules 2016

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Singapore International Mediation Centre

SIMC

• Since the opening of SIMC in November 2014, there have been 6 mediation fillings, 3 of which were Arb-Med-Arb.

• SIMC successfully settled all 6 cases that went to mediation.

• All 6 involved at least one foreign party, and 3 of them involved only foreign parties with no ties to Singapore.

• Nationalities represented: Singapore, the Cayman Islands, Germany, India, Korea, Laos, Macau, Malaysia, Taiwan, Thailand and the US.

• Sums in dispute: S$5 mil to over S$600 mil

• Sections represented: Aviation, construction, joint venture/partnership, oil and gas, shipping and the sale/supply of goods and services

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SIAC-SIMC Arb-Med-Arb Protocol• Allows a party to commence arbitration under the auspices of the SIAC, and

then proceed to mediation under the SIMC

• Overcomes the problem of conflict of interest and allow free and frank sharing during mediation.

– Unless parties agreed otherwise, the mediator and arbitrator would generally be separate persons independently appointed by SIAC and SIMC.

• Parties would only be required to pay fees to one body.

• Cases may be seamlessly transferred between SIAC and SIMC according to the protocol.

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Singapore International Arbitration Centre

Developments in SIAC Rules 2016

• Early Dismissal of Claims and Defences

– Rule 29: early dismissal of claim or defence manifestly without merit or manifestly outside jurisdiction of tribunal

• Multiple Contracts and Consolidation

– Rule 6.1: allows filling of one NOA for all related contracts

– Rule 8: process for consolidation of multiple arbitrations

• Joinder

– Rule 7: allows parties or non-parties to apply for joinder, if the party to be joined is prima facie bound by arbitration agreement, OR all parties consented

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Developments in SIAC Rules 2016 (cont’d)

• Emergency Arbitration

– Schedule 1: Appointment of Emergency Arbitrator within 1 day after application pursuant to Rule 30; and

– time limit of 14 days for Emergency Arbitrator to issue an award from date of appointment

• Expedited Procedure

– Rule 5: Expedited Procedure if amount in dispute not exceeding $6 million (previously $5 million)

– Tribunal has discretion to determine whether Expedited Procedure is decided on documentary evidence only

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Developments in SIAC Rules 2016 (cont’d)• Delocalisation of Seat of Arbitration

– Singapore no longer the default seat of arbitration

– Seat is to be determined by tribunal, having regard to all circumstances

• Challenges to Arbitrators

– Rule 16.4: SIAC Court of Arbitration will issue reasoned decisions on all challenges to arbitrators

• Reimbursement of Unpaid Deposits towards Costs of Arbitration

– Rule 27(g): power of tribunal to issue order or award for the reimbursement of unpaid costs towards the costs of the arbitration

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Questions?

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Thank You

Dinesh DhillonT +65 6890 7822E dinesh.dhillon@allenandgledhill.com

Allen & Gledhill LLPOne Marina Boulevard #28-00Singapore 018989

www.allenandgledhill.com

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Notes:•This presentation is intended to provide general information and is not meant to be exhaustive, comprehensive or authoritative. Allen & Gledhill LLP does not warrant its accuracy or completeness or accept any liability for any loss or damage arising from any reliance thereon.•The information in this presentation should not be treated as a substitute for specific legal advice concerning particular situations.

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