Fast Track Arbitration Procedure, Section 29B, Singapore International Arbitration Center (SIAC), SIAC Rules (6th Edition, 1 August 2016) ("SIAC Rules 2016”), Emergency Arbitration, Emergency Arbitrator, Fess, Hong Kong International Arbitration Center, Expedited Procedure,

1. FAST TRACK PROCEDURE
VIKRAM JEET SINGH
14IP60003

2. INDIA: FAST TRACK PROCEDURE: SECTION 29B
At any Stage either before or at the
time of appointment of Arbitral tribunal
Parties to Arbitration
Agreement
Agree with
writing
to have dispute
resolved by Fast Track
procedure
Parties May agree that arbitral tribunal shall consist of sole arbitrator

3. FOLLOWING PROCEDURE WHILE CONDUCTING
ARBITRATION PROCEEDINGS
arbitral tribunal shall decide the dispute on the basis of written pleadings,
documents and submissions filed by the parties without any oral hearing
arbitral tribunal shall have power to call for any further information
or clarification from the parties
If an oral hearing is held, arbitral tribunal may dispense with any technical
formalities, and adopt such procedure as deemed appropriate for expeditious
disposal of the case.
oral hearing may be held only, if, all the parties make a request or if the arbitral
tribunal considers it necessary to have oral hearing for clarifying certain issues

4. Award shall be made
Six Months from the date of
entering into reference
If award not made within 6 months, then provisions of
subsections from 3 to 9 of section 29A will apply
Fees payable and manner of payment of fees to be
agreed between arbitrator and parties

5. Singapore International Arbitration Centre
(SIAC)

6. OFFICES
• Main office Singapore
• SIAC Mumbai Office (First overseas office in 2013) (Most successful- Generating 85
cases out of 259 cases)
– In 2014 itself, India ranked third among top foreign users.
• SIAC Seoul Office (Second overseas office in 2013)
• SIAC Shanghai Office (Third overseas office in 2016)
WHY OVERSEAS OFFICES:
• to obtain continuous feedback on services as an arbitral institution;
• to work closely with the judiciary and the governments on policy
initiatives,
• regular exchange of ideas on live issues, and legislative change, amongst
others.

7. TEXT OF RULES UNDER WHICH YOU CAN CARRY ON AN ARBITRATION AT SIAC
• SIAC SGX-DT Arbitration Rules (1st Edition, 1 July 2005)
• SIAC SGX-DC Arbitration Rules (1st Edition, 27 March 2006) are designed for
the conduct of expedited arbitration for disputes.
• SIAC Rules (3rd Edition, 1 July 2007).
• SIAC Rules (4th Edition, 1 July 2010) and
• The SIAC Rules 2016 supersede the SIAC Rules (5th Edition, 1 April 2013),
• The SIAC Rules (6th Edition, 1 August 2016) ("SIAC Rules 2016") are the
primary rules of arbitration at the SIAC and have come into force on 1 August
2016.

8. SIAC Rules (6th Edition, 1 August 2016) ("SIAC Rules 2016”)
• “Award” includes a partial, interim or final award and an award of an Emergency
Arbitrator.
• “Tribunal” includes a sole arbitrator or all the arbitrators where more than one arbitrator
is appointed.
NOTICE AND CALCULATION OF PERIODS OF TIME
• Any notice, communication or proposal shall be in writing.
• Any such notice, communication or proposal may be delivered by hand, registered post
or courier service, or transmitted by any form of electronic communication (including
electronic mail and facsimile), or delivered by any other appropriate means that provides
a record of its delivery.
• Any notice, communication or proposal shall be deemed to have been received if it is
delivered:
(i) to the addressee personally or to its authorised representative;
(ii) to the addressee’s habitual residence, place of business or designated address;
(iii) to any address agreed by the parties;
(iv) according to the practice of the parties in prior dealings;
v) if, after reasonable efforts, none of these can be found, then at the addressee’s last-known
residence or place of business.

9. Notice of Arbitration
• The Claimant shall file with the Registrar a Notice of Arbitration which shall include:
– a demand that the dispute be referred to arbitration
– the names, addresses, telephone numbers, facsimile numbers and electronic mail addresses, if
known, of the parties to the arbitration and their representatives
– a reference to the arbitration agreement invoked and a copy of the arbitration agreement;
– a reference to the contract or other instrument (e.g. Investment treaty) out of or in relation to
which the dispute arises
– a brief statement describing the nature and circumstances of the dispute, specifying the relief
claimed and, where possible, an initial quantification of the claim amount
– a statement of any matters which the parties have previously agreed
– a proposal for the number of arbitrators if not specified in the arbitration agreement
– any comment as to the applicable rules of law and as to the language of the arbitration

10. APPOINTMENT OF ARBITRATORS / ADMISSION TO THE SIAC
PANEL OF ARBITRATORS
• Admission to the SIAC Panel of Arbitrators (“Panel”) or the SIAC IP Panel of Arbitrators
(“IP Panel”) is by invitation by the SIAC Court of Arbitration as advised by its Executive
Committee, or upon an application being made to SIAC.
• Candidates wishing to apply must demonstrate an appropriate level of expertise and
experience in international arbitration and be of good standing and character.
• Minimum qualification or experience for Panel or IP Panel:
– tertiary education
– at least 10 years post qualification experience
– a fellowship from the Chartered Institute of Arbitrators, Singapore Institute of
Arbitrators or any comparable professional arbitration institute
– experience as an arbitrator in five or more cases
– completed at least two commercial arbitral awards
– be aged between 30 and 75 years
• Admission to the Panel/IP Panel is for a fixed term only. SIAC also reserves the
right, in its absolute discretion, to remove any person from the Panel at any time.

11. Expedited Procedure
• Following criteria is satisfied:
a. the amount in dispute does not exceed the equivalent
amount of S$6,000,000, representing the aggregate of
the claim, counterclaim and any defence of set-off;
b. the parties so agree; or
c. in cases of exceptional urgency.
• send a copy of the application to the other party and
shall notify the Registrar that it has done so, specifying
the mode of service employed and the date of service

12. PROCEDURE
The Registrar may abbreviate any time limits under these Rules;
The case shall be referred to a sole arbitrator
The Tribunal may, in consultation with the parties, decide if the dispute is to be
decided on the basis of documentary evidence only, or if a hearing is required
for the examination of any witness and expert witness as well as for any oral
argument;
The final Award shall be made within six months from the date when the Tribunal
is constituted unless, in exceptional circumstances, the Registrar extends the
time for making such final Award
The Tribunal may state the reasons upon which the final Award is based in
summary form, unless the parties have agreed that no reasons are to be
given.

13. Emergency Arbitrator
• A party that wishes to seek emergency interim relief may,
concurrent with or following the filing of a Notice of
Arbitration but prior to the constitution of the Tribunal, file
an application for emergency interim relief with the
Registrar. The party shall, at the same time as it files the
application for emergency interim relief, send a copy of the
application to all other parties.
• The application for emergency interim relief shall include:
a. the nature of the relief sought;
b. the reasons why the party is entitled to such relief
c. a statement certifying that all other parties have been
provided with a copy of the application or, if not, an
explanation of the steps taken in good faith to provide a copy
or notification to all other parties.

14. • Any application for emergency interim relief shall
be accompanied by:
– payment of the non-refundable administration fee
– and the requisite deposits under these Rules towards
the Emergency Arbitrator’s fees and expenses for
proceedings pursuant to this Schedule 1.
In appropriate cases, the Registrar may increase the
amount of the deposits requested from the party
making the application.
If the additional deposits are not paid within the time
limit set by the Registrar, the application shall be
considered as withdrawn.

15. CASE: AQZ (ALLIANCE AVIATION SERVICES LIMITED) V ARA (APPLIED RESEARCH
ASSOCIATES) ([2015] SGHC 49 )
• Dispute in question arose out of a contract formed in 2009 for the delivery
of two shipments of Indonesian coal. The purchaser commenced SIAC
proceedings in 2013 on the basis that the seller had failed to deliver the
second of these two shipments claiming US$ 852,000.
• The SIAC President directed that the proceedings should be conducted in
accordance with the expedited procedure, and appointed a sole arbitrator.
However, the parties’ agreement had not specified the expedited
procedure, and provided for an arbitration by a panel of three arbitrators.
– In the award, the seller was found liable for breach of contract and
subsequently made an application to the Singapore High Court to set
aside the award on several grounds, and in particular on the following
bases:
– First, the conduct of the arbitration was not in accordance with the
parties’ agreement because at the time of contract, the 2007 SIAC rules
applied and these made no provision for an expedited procedure.
– Second, even if the expedited procedure did apply, the composition of
the arbitral tribunal was not in accordance with the parties’ agreement,
which had expressly provided for a panel of three arbitrators instead of
one.

16. HIGH COURT DECISION
• The High Court rejected both of the seller’s arguments and held
that:
• The expedited procedure was in accordance with the parties’
agreement. There was a rebuttable presumption that the
applicable SIAC rules were those at the date of the arbitration,
not the date of contract. The parties had not made specific
reference to the 2007 rules and therefore the 2010 rules in force
at the date of commencement of arbitration applied.
• The appointment of a sole arbitrator was also in accordance with
the parties’ agreement. The 2010 rules applying under the
agreement allowed the SIAC president to appoint a sole arbitrator.
• Even if the arbitration should not have been conducted before a
sole arbitrator, the seller had failed to prove that the breach of
the arbitration agreement was serious or that it had suffered any
prejudice from the expedited procedure.

17. What Prospective Emergency Arbitrator Do?
Prospective Emergency Arbitrator shall disclose to the
Registrar any circumstances that may give rise to
justifiable doubts as to his impartiality or
independence.
Any challenge to the appointment of the Emergency
Arbitrator must be made within two days of the
communication by the Registrar to the parties of the
appointment
• May not act as an arbitrator in any future arbitration
relating to the dispute.
• within two days of his appointment, establish a schedule
for consideration of the application for emergency
interim relief

18. • schedule shall provide a reasonable opportunity for the parties to be
heard, but may provide for proceedings by telephone or video
conference or on written submissions as alternatives to a hearing in
person
• Power Emergency Arbitrator:
– to order or award
– any interim relief that he deems necessary,
• Preliminary orders that may be made pending any hearing, telephone
or video
• conference or written submissions by the parties
• shall give summary reasons for his decision in writing.
• may modify or vacate the preliminary order, the interim order or Award
for good cause.
• Emergency Arbitrator shall make his interim order or Award within 14
days from the date of his appointment unless, in exceptional
circumstances, the Registrar extends the time.
• No interim order or Award shall be made by the Emergency Arbitrator
until it has been approved by the Registrar as to its form.

19. FEES

21. Hong Kong
International
Arbitration
Center

22. Article 41 – Expedited Procedure
41.1 Prior to the constitution of the arbitral tribunal, a party
may apply to HKIAC in writing for the arbitration to be
conducted in accordance with Article 41.2 where:
• (a) the amount in dispute representing the aggregate of any
claim and counterclaim (or any set-off defence) does not
exceed HKD 25,000,000 (twenty five million Hong Kong
Dollars); or
(b) the parties so agree; or
(c) in cases of exceptional urgency.
• 41.2 When HKIAC, after considering the views of the parties,
grants an application made pursuant to Article 41.1, the
arbitral proceedings shall be conducted in accordance with
an Expedited Procedure based upon the foregoing provisions
of these Rules, subject to the following:

23. • the case shall be referred to a sole arbitrator, unless the
arbitration agreement provides for three arbitrators;
• if the arbitration agreement provides for three arbitrators,
HKIAC shall invite the parties to agree to refer the case to a
sole arbitrator. If the parties do not agree, the case shall be
referred to three arbitrators;
• HKIAC may shorten the time limits provided for in the
Rules, as well as any time limits that it has set;
• after the submission of the Answer to the Notice of
arbitration, the parties shall in principle be entitled to
submit one Statement of Claim and one Statement of
Defence (and Counterclaim) and, where applicable, one
Statement of Defence in reply to the Counterclaim;
• the arbitral tribunal shall decide the dispute on the basis
of documentary evidence only, unless it decides that it is
appropriate to hold one or more hearings;

24. EMERGENCY ARBITRATOR PROCEDURES
A party requiring Emergency Relief may, concurrent with or following
the filing of a Notice of Arbitration but prior to the constitution of the
arbitral tribunal, submit an application (the "Application") for the
appointment of an emergency arbitrator (the "Emergency
Arbitrator") to HKIAC.
Application shall include the following information
• the names and (in so far as known) the addresses, telephone and fax
numbers, and email addresses of the parties to the Application and
of their counsel
• a description of the circumstances giving rise to the Application
• a statement of the Emergency Relief sought
• reasons why the applicant needs the Emergency Relief
• any relevant agreement(s) and, in particular, the arbitration
agreement(s)

25. • Any Emergency Decision shall:
– be made in writing;
– state the date when it was made and summary
reasons upon which the Emergency Decision is based
– be signed by the Emergency Arbitrator
– The seat of the Emergency Relief proceedings shall
be Hong Kong

26. • Any Emergency Decision ceases to be binding:
– if the Emergency Arbitrator or the arbitral tribunal so
decides;
– upon the arbitral tribunal rendering a final award,
unless the arbitral tribunal expressly decides
otherwise;
– upon the withdrawal of all claims or the termination
of the arbitration before the rendering of a final
award; or
– if the arbitral tribunal is not constituted within 90
days from the date of the Emergency Decision. This
period of time may be extended by agreement of the
parties or, in appropriate circumstances, by HKIAC.

27. THANKS