Dispute resolution clauses are referred to as ‘midnight clauses’.

In BIMCO DRC 2017 or

DRC 2020, separate wordings are used for London, New York, Singapore and Hong Kong.
Some of the differences between the arbitration acts of UK, Singapore, and Hong Kong
( The US arbitration act have not been discussed as it rarely come across this given the
location where we are based) are as follows:

Sl.no Governing law Differences

1 English Arbitration Act Tribunal:

1996 1. In the absence of any agreement on the number of
arbitrators, the Tribunal would consist of a sole
arbitrator.
2. If the arbitration clause provides for LMAA Terms
2021, then in the absence of express choice, Clause
8(a) provides for a 3 member panel.
3. In a 3-member arbitration panel, parties appoint
arbitrators, but some may stall the process, forcing
the initiating party to cover all costs. The English
Arbitration Act and LMAA 2021 Rules address this
by providing that a party initiating arbitration must
appoint its arbitrator and notify the other party to
appoint their arbitrator within 14 days. If the other
party fails to appoint an arbitrator within this
timeframe, the initiating party can proceed by
appointing its own arbitrator as the sole arbitrator
without further notice to the other party.

Right to appeal:

S 69 of the English Arbitration Act entitles a party

to appeal to the English High Court on a point of
law. This right can be varied if expressly agreed by
the parties or in the arbitral rules such as provided
in the LMAA Small Claims Procedure 2021.

In LMAA Small Claims Procedure 2021, the right

of appeal to the courts is excluded under this
procedure. By adopting the Small Claims Procedure
the parties shall be deemed to have agreed to waive
 all rights of appeal.

2 Singapore Arbitration Act Tribunal:

1. In the absence of any agreement, the Tribunal
would consist of a sole arbitrator. Failure of a party
to appoint their arbitrator does not result in any
variation in the size of the arbitration panel. Instead,
the other party may request the Court or the
appointment authority (The Chairman of the
Singapore International Arbitration Centre is listed
as the appointment authority in the IAA (see S 8(2)
of the IAA) to appoint the other arbitrator/s.

2. If the arbitration clause provides for the

incorporation of the SCMA Rules (Fourth edition),
Clause 8 expressly provides for a three member
panel and therefore it will override the provisions of
the IAA. If the SCMA Rules are incorporated as the
procedural rules, the rules provide for the
Chairperson of the SCMA to act as the appointment
authority for the other arbitrator/s.

Right to appeal: There is no similar provision in

either the IAA or the Model law (UNCITRAL
Model Law) with respect to the right to appeal. In
fact, the Model law expressly states that the only
recourse against the award is one of setting aside.

3 Hong Kong Arbitration Tribunal:

Ordinance (“HKAO”)
- In the absence of express choice HKIAC would decide
whether the number of arbitrators would be 1 or 3.
- HKAO provides for the HKIAC to be the appointing
authority in such cases.
- HKMAG Terms 2021 (if incorporated): Clause 9-
provides for arbitral tribunal to consist of 3 arbitrators.
- HKMAG Small Claim Procedure 2021 (if incorporated)-
the tribunal would consist of a sole arbitrator.
Right to Appeal: Similar to IAA, there is no provision on
any right to appeal on a point of law. The only recourse
offered to an arbitral award is of setting aside.