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SIAC Arbitration Rules 2013
SIAC Arbitration Rules 2013
Arbitration Centre
(SIAC) Arbitration Rules
2013
Article 8(Three
Arbitrators)
If three arbitrators are to be appointed, each
party shall nominate one arbitrator.
If a party fails to make a nomination within 14
days after receipt of a partys nomination of
an arbitrator, or in the manner otherwise
agreed by the parties, the President shall
proceed to appoint the arbitrator on its
behalf.
Unless the parties have agreed upon another
procedure for appointing the third arbitrator,
or if such agreed procedure does not result in
a nomination within the time limit xed by
the parties or by the Registrar, the third
arbitrator, who shall act as the presiding
Art. 10 (Qualications of
Arbitrators)
Any arbitrator, whether or not nominated by the
parties, conducting an arbitration under these
Rules shall be and remain at all times
independent and impartial, and shall not act as
advocate for any party.
PRESIDENT may regard the qualications of an
arbitrator dependent on the parties agreement.
He may also consider the availability of an
arbitrator or his ability to determine the case in a
prompt and efficient manner.
Article 13 (Decision on
Challenge)
COURTS decision is FINAL and cannot be
APPEALED.
Article 17 (Submission)
Unless already submitted pursuant to Rule 3.2, the Claimant
shall, within a period of time to be determined by the Tribunal,
send to the Respondent and the Tribunal a Statement of Claim
setting out in full detail:
a. a statement of facts supporting the claim;
b. the legal grounds or arguments supporting the claim;
and
c. the relief claimed together with the amount of all
quantiable claims.
Unless already submitted pursuant to Rule 4.2, the
Respondent shall, within a period of time to be determined by
the Tribunal, send to the Claimant a Statement of Defence
setting out its full defence to the Statement of Claim, including
without limitation, the facts and contentions of law on which it
relies. The Statement of Defence shall also state any
counterclaim, which shall comply with the requirements of Rule
17.2.
Article 17
Next step is the party can send a STATEMENT OF
DEFENSE to the COUNTERCLAIM.
Parties may amend their claims, but it must not
go BEYOND the scope of their agreement.
FALLS OUT OF TIME (Claimant) TRIBUNAL may
terminate the proceedings OR give such other
directions.
FALLS OUT OF TIME (Respondent) TRIBUNAL may
proceed with arbitration.
Article 18 Seat of
Arbitration
The parties may agree on the seat of arbitration.
Failing such an agreement, the seat of
arbitration shall be Singapore, unless the
Tribunal determines, having regard to all the
circumstances of the case, that another seat is
more appropriate.
The Tribunal may hold hearings and meetings by
any means it considers expedient or appropriate
and at any location it considers convenient or
appropriate.
Article 21 Hearings
Unless the parties have agreed on
documents-only arbitration, the
Tribunal shall, if either party so
requests or the Tribunal so decides,
hold a hearing for the presentation of
evidence and/or for oral submissions
on the merits of the dispute, including
without limitation any issue as to
jurisdiction.
Article 25 (Jurisdiction of
Tribunal)
If a party objects to the existence or validity of the
arbitration agreement or to the competence of SIAC to
administer an arbitration before the Tribunal is
appointed, the Registrar shall determine if reference of
such an objection is to be made to the Court. If the
Registrar so determines, the Court shall decide if it is
prima facie satised that a valid arbitration agreement
under the Rules may exist. The proceedings shall be
terminated if the Court is not so satised. Any decision
by the Registrar or the Court is without prejudice to the
power of the Tribunal to rule on its own jurisdiction.
Article 25
The Tribunal shall have the power to rule on its
own jurisdiction, including any objections with
respect to the existence, termination or validity
of the arbitration agreement. For that purpose, an
arbitration agreement which forms part of a
contract shall be treated as an agreement
independent of the other terms of the contract. A
decision by the Tribunal that the contract is null
and void shall not entail ipso jure the invalidity of
the arbitration agreement. PRINCIPLE OF
COMPETENCE-COMPETENCE applies.
Article 37(Interpretation of
award)
Within 30 days after the receipt of
the award, a party, with notice to
the other parties and
theInternational Bureau, may
request that the arbitral tribunal
give an interpretation of the
award
The interpretation shall be given
in writing within 45 days after the
receipt of the request.