International Arbitration and the Singapore International Arbitration Centre

International arbitration is broadly accepted as a most popular technique of resolving cross-border industrial disputes, whether or not on a stand-alone foundation or along with different various dispute decision strategies, together with mediation and conciliation. 

The high 5 most popular seats for arbitration are Singapore, London, Hong Kong, Paris, and Geneva. Of these, Singapore is ranked collectively with London as the hottest seat in the world, and it’s the most most popular seat in the Asia-Pacific area.¹

There are a variety of catalysts for Singapore’s reputation as an arbitral seat, together with (a) the Singapore courts’ popularity for integrity and impartiality and their sturdy assist for arbitration, (b) Singapore’s strategic geographical location with wonderful connectivity to different international locations in Southeast Asia and the Asia-Pacific area, and (c) Singapore’s business-friendly surroundings and place as a world hub for companies and headquarters for main corporations.

We set out beneath the important causes for Singapore’s and the Singapore International Arbitration Centre’s (SIAC) attraction and reputation vis-à-vis different arbitral seats/establishments, in addition to steered arbitration clauses, which will be integrated in agreements the place events intend for any disputes arising out of the agreements to be resolved underneath the auspices of the SIAC Rules.

Why Choose Singapore or SIAC?

Singapore Is a Reliable Dispute Resolution Hub

Singapore has established its popularity as a clear, unbiased, and impartial third-country venue for dispute decision:

• Singapore is ranked seventeenth globally, and it’s the top-ranked Asian nation, in the World Justice Project’s Rule of Law Index 2021—affirmation of Singapore’s adherence to the ideas of accountability, simply legislation, open authorities, and accessible and neutral justice.²
• Singapore is ranked fourth globally, and is the top-ranked Asian nation, in the Corruption Perceptions Index 2021.³

Singapore Is an Arbitration-Friendly Jurisdiction 

Singapore laws and its judiciary strongly assist arbitration.

Singapore International Arbitration Act 

Singapore has enacted the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law) and accords the Model Law pressure of legislation. This, in itself, evinces Singapore’s recognition and adoption of internationally accepted guidelines for arbitration.

Singapore acknowledges the finality of arbitral awards and limits the grounds for attraction (e.g., no proper of attraction based mostly on query of legislation). This reduces a profitable get together’s threat of getting the arbitral award put aside/reversed on attraction and additionally permits the profitable get together to proceed with enforcement of the arbitral award expeditiously upon the issuance of the arbitral award.

Singapore Judicial System

Singapore courts provide most judicial assist and minimal intervention in worldwide arbitration proceedings and are inclined to uphold the sanctity of an arbitration settlement entered into between events. It would take “something substantial” for the courts to alleviate the events of their obligation to arbitrate; Singapore has a great observe document in imposing arbitration agreements and arbitral awards, for instance, enforcement of a international award will be resisted on public coverage grounds solely the place there are “exceptional circumstances” that may justify the courtroom in refusing to implement the award or the place there was a violation of “the most basic notions of morality and justice.”

The Singapore International Commercial Court is empowered to listen to proceedings underneath the International Arbitration Act, together with functions to put aside awards, jurisdictional challenges, and enforcement functions. Parties can avail to themselves a prepared and environment friendly discussion board to resolve disputes arising out of arbitration proceedings. The judges are drawn from varied jurisdictions, together with the United States, the United Kingdom, Australia, Hong Kong, Japan, and India.

Respect for Diversity and Procedural Efficiencies

SIAC arbitration holds a world commonplace:

• The SIAC Court of Arbitration is worldwide in composition. The president is Lucy Reed from the United States, the vice presidents are Cavinder Bull S.C. of Singapore and Toby Landau QC of the United Kingdom. Members of the SIAC Court of Arbitration come from completely different international locations, together with India, Peru, Nigeria, Japan, Switzerland, and the United Arab Emirates.
• Arbitrators appointed by SIAC in 2021 come from 28 completely different international locations (see beneath).
• The governing legal guidelines of 21 completely different jurisdictions had been utilized in disputes referred to SIAC in 2021 (see beneath).
• In August 2021, the Indian Supreme Court issued a call (in Amazon.com NV Investment Holdings LLC v Future Retail Limited & Ors) the place it allowed the enforcement of an order handed by an emergency arbitrator underneath SIAC in an arbitration seated in New Delhi. This demonstrates the Indian courts’ recognition of SIAC as an arbitral establishment.

SIAC has the worldwide attain and capability to deal with high-value, multi-sectoral, cross-border disputes: 

• SIAC acquired 469 new circumstances in 2021, out of which 446 had been SIAC-administered circumstances and 23 had been advert hoc appointments. The complete sum in dispute was US$6.54 billion (roughly SGD8.85 billion). The common worth for all new case filings was US$21.81 million (roughly SGD29.49 million), and the common worth for brand new SIAC-administered circumstances was US$22.84 million (roughly SGD30.89 million). The highest sum in depute for a single administered case was US$1.95 billion (roughly SGD2.64 billion)
• Of the new circumstances filed with SIAC in 2021, 86% had been worldwide in geographical origin and the variety of jurisdictions concerned got here as much as 64. India is the high international consumer at SIAC in 2021, with 187 circumstances being filed with SIAC.⁴
• The governing legal guidelines of 21 completely different jurisdictions had been utilized in disputes referred to SIAC in 2021. The 21 jurisdictions included the United Kingdom, India, the United States (California and New York), the Cayman Islands, international locations in the Asia-Pacific area (China, Hong Kong, and South Korea), and international locations in Southeast Asia (Malaysia, Indonesia, Philippines, Thailand, and Vietnam). The mostly utilized governing legal guidelines had been these of Singapore, the United Kingdom, and India.⁵
• SIAC is ready to, and has, administered arbitrations seated outdoors of Singapore in varied jurisdictions. In 2013, SIAC established its first abroad consultant workplace in Mumbai, India. A second consultant workplace in India was opened in Gujarat International Finance Tec-City, India, in 2017. The places of work embody SIAC’s agency dedication and shut ties to India and are purposed to work together intently with the enterprise and authorized communities in India and develop better consciousness of institutional arbitration.⁶
• The claims filed with SIAC spanned a broad vary of sectors, with commerce, industrial, company, and maritime/delivery taking over a majority of the claims. The remaining claims arose out of many different sectors, together with building/engineering, agriculture, arts/leisure, aviation, banking/monetary providers, commodities, training, employment, power, well being care/prescription drugs, hospitality/journey, insolvency, insurance coverage/reinsurance, mental property/info expertise, media/broadcasting, actual property, expertise/science, and telecommunications.

SIAC has dedicated to appointing various arbitrators. The establishment acknowledges there’s a co-relation between the variety in a tribunal’s composition and the tribunal’s impartiality and independence. For the 12 months 2021:

• SIAC made a complete of 179 particular person appointments of arbitrators to 144 sole arbitrator tribunals and 35 appointments to three-member tribunals. Of these arbitrator appointments, 160 had been appointments made underneath the SIAC Rules, six appointments had been made in a case administered underneath different guidelines, and the remaining 13 had been made in advert hoc arbitrations.
• Arbitrators appointed in 2021 got here from 28 completely different international locations, together with Australia, Austria, Bulgaria, Germany, India, Iran, South Korea, Sweden, the United Kingdom, the United States, and Vietnam. There had been a complete of 18 Indian arbitrators appointed by SIAC in 2021.
• Out of the 179 arbitrators appointed by SIAC, 35.8% had been feminine.

SIAC gives state-of-the artwork administrative and technical assist for hearings:

• State-of-the-art onsite listening to amenities and assist providers (e.g., transcription, translation, and interpretation providers) at Maxwell Chambers, Asia’s first-integrated dispute decision advanced.
• In current years, and particularly since the COVID-19 pandemic, SIAC has promoted a transfer towards distant arbitration hearings. In August 2020, SIAC launched the “SIAC Guides – Taking Your Arbitration Remote,” a guidelines to help customers when contemplating conducting arbitral proceedings by way of audio convention, videoconference, or different nonphysical technique of communication. SIAC’s transfer towards distant hearings has introduced prices financial savings and comfort (in the type of elevated availability for hearings) to events, their witnesses, and arbitrators. 

The SIAC Rules 2016 are cost-effective, versatile, and clear:

• Parties have full freedom of selection of counsel in arbitration proceedings.
• Parties are permitted to obtain third-party funding for arbitration and arbitration-related courtroom proceedings. Note: In the context of worldwide funding arbitration, arbitral tribunals are empowered underneath the SIAC IA Rules 2017 to order the disclosure of third-party funding preparations and to take such preparations under consideration when apportioning prices. 
• To promote transparency in its charges, SIAC has launched a schedule of charges that units out the charges payable by events to an arbitration. The charges are decided by the combination of events’ declare quantities.

Contracting for SIAC arbitration

Where events negotiating a contract want to have any disputes that will come up out of or in reference to their contract subsequently referred to SIAC, we strongly suggest that an arbitration settlement in the contract be based mostly on the SIAC mannequin dispute decision clauses. Such mannequin clauses could also be accessed at the following hyperlinks:-

Should you’ve got any queries on the above or want to discover out extra about the drafting of dispute decision clauses in contracts to supply for arbitration underneath the auspices of SIAC, please be happy to contact us.

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