The New SIAC Rules: Fairness, Speed, and Common Sense
Practical Innovations for Efficient and Fair Arbitration -
This article is drawn from a panel discussion at the Seoul ADR Festival held on 28 October 2025, which the author attended. It reflects the key themes and practical insights shared during that discussion, together with a close reading of the SIAC Rules 2025. It seeks to explain, in simple terms, what the new rules mean for those who use arbitration in practice.
Abstract:
The Singapore International Arbitration Centre has made new rules. They came into force at the beginning of 2025. They are not just words on paper. They are made to help real people solve real problems. They are built on good sense. The aim is to deliver justice faster, more cheaply, and more fairly for everyone.
The Centre has long been a trusted place for resolving disputes. For ten years, Korea has been among its top ten users. In 2024, Korea rose to the very top of the list. This shows a deep and enduring friendship. It shows the trust that people place in this institution. The rules are made to honour that trust.
Help in Time of Urgent Need
Sometimes a party needs help at once. He cannot wait. If he waits, the harm is done and cannot be undone. The rules provide for this.
There is the Protective Preliminary Order. This is a new tool. It allows a party to go to an emergency arbitrator without telling the other side. He must show good reason. He must show that telling the other side would defeat the whole purpose, perhaps because evidence would be destroyed or assets moved beyond reach. The arbitrator is appointed within 24 hours. He will make his decision within another 24 hours. Justice moves swiftly.
But this power is not without limits. The order is short-lived. Once the order is made, the applicant must serve the case papers on the other side within 12 hours. If he does not, the order lapses in three days. Even when properly served, the order lives for only 14 days. After that, it expires, unless it is converted into a standard emergency interim order or award after a full hearing. This is the balance the rules strike. Urgent help is given. But the other side must have its say, and it must have it soon.
A party can now ask for an emergency arbitrator even before it files its main case. In the old days, he had to wait. He had to file his notice of arbitration first. He had to choose his arbitrator. Only then could he ask for urgent help. This caused a delay. It allowed procedural arguments to frustrate the rule's purpose. Now the purpose is clear. Technicalities must not block urgent relief. The only requirement is that the main case must be filed within seven days.
This change came about because users asked for it. During the consultation, a voice spoke up. Why not allow this, the voice said. The institution listened. It gave weight to what users wanted. The matter was debated. Some were strict. Others saw the future. The innovators prevailed, as they should.
The need for such relief is real. Think of a pharmaceutical company. Its intellectual property is at risk. Think of a construction case. A bond is about to be called wrongly. In these cases, a party must act at once. The Protective Preliminary Order gives him the tool to do so.
A Simple Way for Small Disputes
Big cases are well served by arbitration. Big Korean companies bring their big claims with no problem. But what of the small man with a small claim? What of the big company with a small dispute? They have often been left out. The Costs were too high. The process was too long. This was a gap in the law. The gap has now been filled.
The rules bring in the Streamlined Procedure. It applies where the sum in dispute is not more than one million Singapore dollars. The procedure is simple. A single arbitrator handles the case. There are no long requests for documents. There are no expensive experts. There is no oral hearing. The arbitrator decides the case on the papers. He must deliver his final award within 3 months of his appointment. The fees are half the usual amount, both the tribunal's fees and the Centre's administrative fees. The award can be given with short reasons. If the parties agree, it can be given without any reasons.
This is justice without trimmings, justice ordinary people can afford.
Some will ask, can an award truly be made in three months? The answer is yes. We are talking about uncomplicated cases. Cases where a party has defaulted and an award is needed are straightforward. The procedure is aggressive and ambitious. But it can be done. Many awards have already been made within that time.
This procedure also serves another purpose. It helps young arbitrators. They often do not get a chance to sit. The Streamlined Procedure gives them that chance. They are keen and hungry. They keep to the timelines. They prove their worth. Everyone benefits.
If a case is small in value but complex in nature, a party can ask for the Streamlined Procedure not to apply. The President of the institution decides. This is a safeguard. It is a fair safeguard. The default is speed. But fairness always has the last word.
And for those with claims above one million, the Expedited Procedure is still there. It has been in place since 2010. The rules have now raised their cap. The old limit was six million Singapore dollars. Now it is ten million. This means more mid-market cases can move on a six-month fast track. A seamless framework now exists. The Streamlined Procedure handles claims up to one million. The Expedited Procedure handles claims up to ten million. Cases of every size can find a path to a swift resolution.
Bringing Many Threads Together
Modern business is complex. A single project may have many contracts and many parties. Disputes may arise from all of them at once. It would be a waste of time and money to have many separate arbitrations. It could lead to inconsistent decisions. That would bring the law into disrepute.
The rules contain strong provisions for consolidation. The Court of the institution can join cases together. It can do so if the arbitration agreements are compatible. They need not be identical. Minor superficial differences do not matter. Even some meaningful differences can be reconciled. The guiding principle is to enhance efficiency and reduce Costs. If the differences can be bridged without impairing party autonomy, the Court leans in favour of finding compatibility.
Then, one of three things must be true. The disputes arise from the same legal relationship. Or they arise from a main contract and its smaller, supporting contracts. Or they arise from the same transaction or series of transactions.
One condition is enough. It need not be all three. This is the "either-or" language of the rule. It gives the Court substantial discretion. It is more flexible than the rules of other institutions. Many cases have been consolidated under these rules that would have been rejected under others. It is flexible. It is sensible. It works. It prevents parties from duplicating work. It saves millions in administrative, arbitrator, and legal fees. It ensures consistent results across all disputes arising from a single project or deal. That is what the parties want. That is what justice requires.
Fast Work and Good Work
People want a fast decision. They also want a sound decision. The rules aim to give them both.
In the old days, there was a rule. The tribunal had to issue its award within 45 days of the close of proceedings. But the tribunal itself decided when proceedings were closed. So what did everyone do? They did their drafting. When they were ready to submit, they closed the proceedings. The 45-day rule had no teeth. It did not work at all. The rules have changed this. The clock starts from the last submission made by the parties, whether written or spoken. The tribunal then has 90 days to submit its draft award to the Secretariat. It is a fixed point. It puts fair pressure on the tribunal to get on with the job. Once the draft is in, the Secretariat begins its scrutiny. The rules do not set a hard deadline for that scrutiny to finish. But the work is done diligently. The aim is always to move the case forward without unnecessary delay.
A new rule, Rule 3.5, states the principle plainly. Everyone involved in the process must do their part. The tribunal, the secretariat, the President, the Vice Presidents. They must all ensure three things. One, the proceedings are conducted efficiently and proportionately to the complexity of the dispute. Two, the proceedings are fair. Three, the award is enforceable. This is the golden thread that runs through the whole fabric of the rules.
Speed is nothing without quality. Every award is checked. This is the scrutiny process. It is the institution's hallmark. It catches mistakes. It makes sure the award is enforceable. About 200 awards are reviewed each year. That is one award every day and a half. This is a large volume. But the work is done with care.
This is important in big, complex cases. It is just as important in the Streamlined Procedure, where the arbitrators may be young, and the lawyers may have little experience. The institution is careful to balance the review with the need for speed. It does not apply the same heavy hand to every case. It applies a proportionate touch.
Behind all this is a stronger secretariat. The team has grown. In 2023, there were 14 counsel. Now there are 20. They are lawyers from 14 lands. They are trained in both civil law and common law traditions. They speak many languages. They do the day-to-day work. They keep things moving. The President herself keeps a close eye on the cases. She spends her Friday nights going through them. This is the dedication that underpins the rules.
Trimming Cases Early
The rules also equip tribunals with powers to cut away weak arguments before high Costs pile up.
There is the Preliminary Determination. A tribunal can decide a key issue early. It can issue a final and binding decision on that issue, much like a summary judgment. Once an application is approved, the tribunal must issue its ruling within 90 days of the filing date. This helps parties who need a quick ruling on one or two points at the start of the case. It sets the stage for the rest of the arbitration. The word "preliminary" may suggest something provisional. It is not. It is final and binding. That is what the rule says.
There is also the Early Dismissal procedure. This has been available since 2016. It allows a party to ask the tribunal to strike out a claim or defence that lacks merit. It stops frivolous cases from dragging on. The rules have now shortened the timeline. The arbitrator must issue his decision within 45 days, down from the old limit of 60 days. Justice is not only served. It is served quickly. Since its introduction, 78 applications have been submitted. 40 were allowed to proceed to the tribunal for a decision.
The Emergency Arbitrator procedure, also introduced in 2010, has received 173 applications. All were accepted in some form.
These tools have been tested. They work. The 2025 Rules build on this foundation.
A Few Words of Practical Use
The rules are in force. They are being used every day. A few simple pointers have emerged from early experience.
First, if you want to use the Streamlined Procedure, file your statement of claim with your notice of arbitration. Do not wait. This shows you are in earnest and saves a step in the process.
Second, if you ask for a Protective Preliminary Order, explain clearly why you cannot tell the other side. Do not just state the rule. State the facts. Show why notice would destroy the remedy you seek. This is an exceptional power. It must be used only when truly needed. In the early months, four applications were made. Only one was accepted to proceed ex parte. The other three continued as normal emergency arbitrator proceedings. The lesson is clear. The application must be carefully justified. And remember, the order does not last. You must serve the papers within 12 hours. The order remains in effect for 14 days unless confirmed after a full hearing. Act swiftly. The clock never stops.
Third, remember to tell the institution if a third party is funding your case. This must be in the notice of arbitration. It is a new requirement. It is a small point, but an important one. It avoids unnecessary requests from the secretariat later.
Fourth, if you have many contracts and need an emergency arbitrator, ask for consolidation at the same time. Otherwise, you may end up with many emergency arbitrators. That helps no one. The institution can process a consolidation request in about 24 hours in urgent cases. But the party must ask for it.
Finally, take time to learn the rules. They are 98 pages long, deliberately below 100. Read them. Understand how they are structured. The institution is happy to hold sessions to explain them. The spirit of the rules is to help. But the party and its lawyers must do their part.
The Spirit of the Rules
The SIAC Rules 2025 are built on common sense. They are made to serve the people who use them. They answer the basic questions every party asks at the start of a case. How much will this cost me? How long will it take? Will the process be fair? Will the award be enforceable?
The new features are already being used in ongoing cases. The Streamlined Procedure has seen over 50 cases in its early months. The Protective Preliminary Order is being applied for, though with care. The Preliminary Determination is proving its worth. The Expedited Procedure now reaches more parties, with its cap raised to ten million Singapore dollars. The Early Dismissal clock has been shortened to 45 days. The 90-day clock for draft awards is helping tribunals produce better work without sacrificing speed.
The Secretariat is working hard. Feedback is being taken in. Improvements are being made. Practice notes and guidance notes are being prepared. A new code of ethics for arbitrators has been issued. The institution is not standing still. It is moving forward.
These rules are a testament to a simple truth. An institution that listens to its users will earn their trust. An institution that innovates will lead. An institution that keeps its feet on the ground and its eyes on justice will endure. The SIAC Rules 2025 make justice swifter, simpler, and more accessible. That is the spirit of the rules. It is a good spirit, and it deserves support.
SIAC website and link to the 2025 rules: https://siac.org.sg/siac-rules-2025
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy as of 28 October 2025, the information herein is based on a summary of the SIAC Rules 2025 and related commentary. It may not reflect all nuances or subsequent developments. Readers should seek specific legal advice before taking any action in reliance on this material and are encouraged to conduct their own independent research. The views expressed are those of the author alone and do not necessarily reflect the views of any institution or organisation.