A Guide to the SIAC Arbitration Rules

by John Choong, Mark Mangan, Nicholas Lingard

Overview

This is the first text to provide a comprehensive rule-by-rule commentary of the inception, interpretation, and application of the SIAC Rules, written by practitioners with extensive experience in South East Asia arbitrations . Practical and strategic in approach, this book provides useful guidance for practitioners whilst also delivering commentary and thematic analysis to highlight the connections between the SIAC rules and those of other institutions. The book begins with an introduction to Singapore arbitration, both practical and legal, and is followed by an overview of SIAC arbitration, including the different stages of a typical case and the corporate structure of SIAC. Every rule is then examined in detail on a thematic basis, starting with the commencement of an arbitration and working up to and including the rendering of an award and the determination of costs. This new edition has been fully updated to include the 2016 SIAC Rules, and also contains additional chapters on the new rules on multiple contracts, consolidation, and joinder, the early dismissal of claims and defences, and the SIAC Investment Arbitration Rules (2017). Relevant supporting documents are appended, including SIAC Practice Notes and the SIAC Code of Ethics for Arbitrators. This book stands alone as a comprehensive exposition of SIAC arbitration, and is indispensable for any practitioner involved in arbitration in Asia.

Product Details

ISBN-13:	9780192538673
Publisher:	OUP Oxford
Publication date:	02/08/2018
Sold by:	Barnes & Noble
Format:	eBook
Pages:	408
File size:	1 MB

About the Author

John Choong is a partner with the International Arbitration Group of Freshfields Bruckhaus Deringer. John has, over the course of some 15 years, handled disputes involving all the major jurisdictions and laws in Asia. He has been based in both Singapore and Hong Kong, and has represented clients in a wide range of international commercial and investment arbitrations under the major arbitration rules (including the SIAC Rules and the SIAC Domestic Arbitration Rules). These matters have ranged in value and complexity, covering a wide range of industries and subject matter, and have included a number of billion dollar arbitrations. John is a Fellow of the Chartered Institute and Singapore and Hong Kong Institute of Arbitrators. He serves on the SIAC Users Council National Committee (Hong Kong) and is also a Singapore country rapporteur for the ICC Task Force on the New York Convention, a founding member of the HK45 arbitration group, and a director of the HK Arbitration Charity Ball Limited. Mark Mangan is an experienced arbitration practitioner based in Singapore who has acted as counsel in over 25 commercial, investment treaty and sports arbitrations under the rules of various institutions and numerous ad hoc arbitrations. He has also been appointed as arbitrator in cases arising under the ICC, LCIA and SCC rules and by SIAC in ad hoc cases governed by the Singapore International Arbitration Act. He is a member of the panel of arbitrators for the HKIAC, the KLRCA, and CAS, a member of the LCIA India Users' Council, a fellow of ACICA, a member of the ICC Commission on Arbitration and ADR, and sits on the advisory board of the Institute for Transnational Arbitration. Mark has written numerous articles and book chapters on international arbitration, speaks regularly at international arbitration conferences, has lectured at various universities in Europe and the Asia-Pacific, and is a co-editor of GAR's Investment Treaty Know-how series. Nicholas Lingard is an experienced international arbitration counsel and advocate. He leads one of the most active treaty arbitration practices in Asia, representing both investors and states, in high-profile, politically complex cases around Asia and the world. Nick represents clients in commercial disputes across a variety of industries, under all the major arbitral rules, including SIAC, ICC, UNCITRAL, HKIAC, AAA and NAI, and under all major systems of law. He also frequently assists clients with public international law advice, including to structure investments for the protections provided by bilateral investment treaties. Nick is an Expert member of the Energy Charter Treaty Secretariat's legal advisory task force, a member of the Singapore International Arbitration Centre Users Council (appointed September 2015), and also Lectures on international arbitration at Hitotsubashi University School of Law, Tokyo, Japan.

Table of Contents

1. Arbitration in Singapore
2. Legal Framework for Arbitration in Singapore
3. Introduction to SIAC Arbitration
4. SIAC Corporate Structure
5. Starting the Arbitration
6. Expedited Proceedings (SIAC Rule 5)
7. Multiple Contracts, Consolidation, Joinder, and Intervention (SIAC Rules 6 to 8)
8. Formation and Challenge of the Arbitral Tribunal (SIAC Rules 9 to 18)
9. The Conduct of Proceedings (SIAC Rules 19 to 26)
10. Jurisdiction of the Tribunal (SIAC Rule 28)
11. Early Dismissal of Claims and Defences (SIAC Rule 29)
12. The Powers of the Tribunal (SIAC Rules 27 and 31)
13. Interim and Emergency Relief (SIAC Rule 30)
14. Awards (SIAC Rules 32 to 33)
15. Costs (SIAC Rules 34 to 37)
16. Miscellaneous Provisions (SIAC Rules 38 to 41)
17. Ad Hoc Arbitration
18. SIAC Domestic Arbitration
19. SIAC Investment Rules
Appendices
1. 2016 SIAC Rules
2. SIAC Investment Arbitration Rules
3. SIAC Code of Ethics for an Arbitrator (2015)
4. The International Arbitration Act

Editorial Reviews

"What is even more impressive than the scope of this book is the quality of the writing and research, where the authors constantly add helpful comments and compare the SIAC Rules with those of other major arbitral institutions. For many practitioners, the true value of a textbook is the breadth and depth of its citations and footnotes of relevant case law, standard textbooks and academic articles. In this regard, this book surpasses its first edition. Given the growing importance of SIAC as one of the world's top international arbitration centre, this is an invaluable and indispensable tool for the international arbitration practitioner." — Michael Hwang, Arbitration International

From the Publisher