In the past year, recent developments in Singapore have demonstrated its intention to position itself as a leading dispute resolution centre in Asia. Singapore is already widely recognised as a centre for arbitration, and the evolution of the Singapore International Mediation Centre (SIMC) and Singapore International Commercial Court (SICC) serve to solidify its reputation, and to meet the growing demand for dispute resolution in the region. This presentation explored the complementary nature of the SIMC to arbitration through the unique Arb-Med-Arb procedure, and discussed recent importance changes made in the Singapore International Arbitration Centre (SIAC) Rules in July 2016, such as on early dismissal, consolidation and joinder, expedited procedure, and emergency arbitration. Dinesh Dhillon has acted in international arbitration for global multinational corporations in the telecommunications, airline, hotel, commodities, construction, manufacturing and projects industries. Apart from corporates, he has also represented sovereign states in international arbitration cases. He has represented clients in landmark cases before the Singapore courts relating to jurisdiction of arbitral tribunals, challenges to arbitration awards and attempts to resist enforcement of foreign arbitration awards. He is a Fellow and Vice President of The Singapore Institute of Arbitrators and Exco member of the Law Society of Singapore.

1. Innovation in Arbitration – the
Singapore experience
Dinesh Dhillon
Partner
Litigation & Disputes Resolution
25 November 2016

2. Overview
• Singapore International Mediation Centre
– Complementary nature with arbitration
• Recent developments in the SIAC Rules 2016
2

3. 3
Singapore International
Mediation Centre

4. SIMC
• Since the opening of SIMC in November 2014, there have
been 6 mediation fillings, 3 of which were Arb-Med-Arb.
• SIMC successfully settled all 6 cases that went to mediation.
• All 6 involved at least one foreign party, and 3 of them
involved only foreign parties with no ties to Singapore.
• Nationalities represented: Singapore, the Cayman Islands,
Germany, India, Korea, Laos, Macau, Malaysia, Taiwan,
Thailand and the US.
• Sums in dispute: S$5 mil to over S$600 mil
• Sections represented: Aviation, construction, joint
venture/partnership, oil and gas, shipping and the sale/supply
of goods and services
4

5. SIAC-SIMC Arb-Med-Arb Protocol
• Allows a party to commence arbitration under the auspices of
the SIAC, and then proceed to mediation under the SIMC
• Overcomes the problem of conflict of interest and allow free
and frank sharing during mediation.
– Unless parties agreed otherwise, the mediator and
arbitrator would generally be separate persons
independently appointed by SIAC and SIMC.
• Parties would only be required to pay fees to one body.
• Cases may be seamlessly transferred between SIAC and
SIMC according to the protocol.
5

6. 6
Singapore International
Arbitration Centre

7. Developments in SIAC Rules 2016
• Early Dismissal of Claims and Defences
– Rule 29: early dismissal of claim or defence manifestly
without merit or manifestly outside jurisdiction of tribunal
• Multiple Contracts and Consolidation
– Rule 6.1: allows filling of one NOA for all related contracts
– Rule 8: process for consolidation of multiple arbitrations
• Joinder
– Rule 7: allows parties or non-parties to apply for joinder, if
the party to be joined is prima facie bound by arbitration
agreement, OR all parties consented
7

8. Developments in SIAC Rules 2016 (cont’d)
• Emergency Arbitration
– Schedule 1: Appointment of Emergency Arbitrator within 1
day after application pursuant to Rule 30; and
– time limit of 14 days for Emergency Arbitrator to issue an
award from date of appointment
• Expedited Procedure
– Rule 5: Expedited Procedure if amount in dispute not
exceeding $6 million (previously $5 million)
– Tribunal has discretion to determine whether Expedited
Procedure is decided on documentary evidence only
8

9. Developments in SIAC Rules 2016 (cont’d)
• Delocalisation of Seat of Arbitration
– Singapore no longer the default seat of arbitration
– Seat is to be determined by tribunal, having regard to all
circumstances
• Challenges to Arbitrators
– Rule 16.4: SIAC Court of Arbitration will issue reasoned
decisions on all challenges to arbitrators
• Reimbursement of Unpaid Deposits towards Costs of
Arbitration
– Rule 27(g): power of tribunal to issue order or award for the
reimbursement of unpaid costs towards the costs of the
arbitration
9

10. Questions?
10

11. Thank You
Dinesh Dhillon
T +65 6890 7822
E dinesh.dhillon@allenandgledhill.com
Allen & Gledhill LLP
One Marina Boulevard #28-00
Singapore 018989
www.allenandgledhill.com
11

12. Notes:
•This presentation is intended to provide general information and is not meant to be exhaustive, comprehensive or
authoritative. Allen & Gledhill LLP does not warrant its accuracy or completeness or accept any liability for any loss or
damage arising from any reliance thereon.
•The information in this presentation should not be treated as a substitute for specific legal advice concerning particular
situations.
12