Where any agreement, submission or reference provides for arbitration under the Rules of the Singapore Institute of Arbitrators, the parties shall be taken to have agreed that the arbitration shall be conducted in accordance with the following Rules, or such amended Rules as the Singapore Institute of Arbitrators may have adopted to take effect before the commencement of the arbitration, subject to such modifications as the parties may agree in writing
 
Article 1. Commencement of Arbitration
1.1 Any party wishing to commence an arbitration under these Rules (‘the Claimant’) shall send to the other party (‘the Respondent’) a written request for arbitration (‘Request for Arbitration’) which shall include the following
a) a demand that the dispute be referred to arbitration;
b) the names and addresses of the parties to the dispute;
c) a reference to the arbitration clause or the separate arbitration agreement that is invoked;
d) a reference to the contract out of which the dispute arises;
e) a brief statement describing the nature and circumstances of the dispute;
f) the relief or remedy sought;
g) a proposal as to the number of arbitrators (i.e. one or three), if the parties have not previously agreed on the number.
 
1.2 The Request for Arbitration may also include any matters (e.g. a list of the names of proposed arbitrators) with respect to which the Claimant wishes to make a proposals.

 
Article 2. Response by Respondent
2.1 For the purpose of facilitating the appointment of arbitrators, within 28 days of receipt of the Request for Arbitration, the Respondent may send to the Claimant a Response containing:
a) a confirmation or denial of all or part of the claims;
b) a brief statement of the nature and circumstances of any envisaged counterclaims;
c) a comment in response to any proposals contained in the Request for Arbitration;
d) list of proposed arbitrators (if any) for the Claimant’s concurrence.
 
2.2 Failure to send a Response shall not preclude the Respondent from denying the claim nor from setting out a counterclaim in its Statement of Defence.

 
Article 3. Appointment of Arbitrator
3.1  The President or Vice President for the time being of the Singapore Institute of Arbitrators  (‘the Appointing Authority’) will appoint an Arbitrator to determine the dispute within 28 days following receipt by the Appointing Authority of the written request of either the Claimant or the Respondent for the appointment of an Arbitrator together with such information or particulars of the dispute as may be requested in writing by the Appointing Authority. A sole Arbitrator will be appointed unless the parties have agreed otherwise.
 
3.2  A request to the Appointing Authority to appoint an Arbitrator in accordance with these Rules shall be accompanied by:
a) copies of the Request for Arbitration and the Response referred to Article 2 above  (if any) and any other related correspondence;
b)  confirmation that a copy of the Request for Arbitration has been received by the other party; and
c) such other information as the Appointing Authority may require.
 
3.3  The Appointing Authority may require a party to pay a fee for its services in appointing of an Arbitrator in accordance with any rules made by the Appointing Authority.
 
3.4 Any party who wishes to challenge the appointment of an arbitrator by the Appointing Authority or any party shall do so within the time and in the manner prescribed by the Arbitration Act (Chapter 10 of the Revised Statutes of Singapore) or any statutory re-enactment thereof.
 
3.5 In the event of the demise of the appointed Arbitrator, or if he is unable to act, or refuses to act, the Appointing Authority will upon request by either party or on its own motion appoint another Arbitrator in place of the earlier Arbitrator.

 
Article 4. Independence and Impartiality of an Arbitrator
4.1 Any Arbitrator (whether or not appointed 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.
 
4.2 A prospective Arbitrator shall disclose to those who approach him in connection with his possible appointment, any circumstances likely to give rise to justifiable doubts as to his impartiality or independence.
 
4.3 An Arbitrator, once appointed or chosen, shall disclose any such circumstance (referred to in Article 4.2 above) to all parties, not already informed by him, of these circumstances.

 
Article 5. Communications between Parties and the Arbitrator
5.1 Where the Arbitrator sends any communication to one party, he shall send a copy to the other party.
 
5.2 Where a party sends any communication (including Statements, expert reports or evidentiary documents) to the Arbitrator, it shall be copied to the other party and be shown to the Arbitrator to have been so copied.
 
5.3 The addresses of the parties for the purpose of all communications during the proceedings shall be those set out in the Request for Arbitration, or as either party may at any time notify to the Arbitrator and to the other Party.

 
Article 6. Conduct of the Proceedings
6.1 In the absence of procedural rules agreed by the parties or contained herein, the Arbitrator shall have the widest discretion allowed by the Arbitration Act (Chapter 10 of the Revised Statutes of Singapore) or any statutory re-enactment thereof to ensure the just, expeditious, economical, and final determination of the dispute.
 
6.2 In the case of a three-member tribunal the Chairman may, after consulting the other arbitrators, make procedural rulings alone.

 
Article 7. Submission of Written Statements and Documents
7.1 The Arbitrator may determine the periods of time within which the parties shall submit their written Statements.  If no specific periods of time are determined by the Arbitrator, the parties shall proceed as set out under this Article.
 
7.2 Within 30 days of receipt by the Claimant of notification of the Arbitrator’s acceptance of the appointment, the Claimant shall send to the Arbitrator a Statement of Claim setting out in sufficient detail the facts and any contentions of law on which it relies and the relief claimed.
 
7.3 Within 30 days of receipt of the Statement of Claim, the Respondent shall send to the Arbitrator a Statement of Defence stating in sufficient detail which of the facts and contentions of law in the Statement of Claim it admits or denies, on what grounds, and on what other facts and contentions of law it relies.   Any Counterclaims shall be submitted with the Statement of Defence in the same manner as claims are set out in the Statement of Claim.
 
7.4 Within 30 days of receipt of the Statement of Defence, the Claimant may send to the Arbitrator a Statement of Reply which, where there are Counterclaims, shall include a Defence to Counterclaims.
 
7.5 If the Statement of Reply contains a Defence to Counterclaims, the Respondent may within a further 30 days send to the Arbitrator a Statement of Reply regarding Counterclaims.
 
7.6 Copies of all Statements sent by one party to the Arbitrator shall be served on the other party.
 
7.7 The periods of time fixed by the Arbitrator for the submission of written statements (including the Statement of Claim and Statement of Defence) shall not exceed forty-five (45) days. However the Arbitrator may extend the time-limits on such terms as he may deem appropriate.
 
7.8 As soon as practicable following completion of the submission of the Statements specified in this Article, the Arbitrator shall proceed in such manner as has been agreed by the parties, or pursuant to his authority under these Rules.

 
Article 8. Party Representatives
Any party may be represented by persons of their choice, subject to such proof of authority as the Arbitrator may require. The names and addresses of such representatives must be notified to the other party.

 
Article 9. Hearings
9.1 Unless the parties have agreed on documents-only arbitration, the Arbitrator shall hold a hearing for the presentation of evidence by witnesses, including expert witnesses, or for oral submissions.
 
9.2 The Arbitrator shall fix the date, time and place of any meetings and hearings in the arbitration, and shall give the parties reasonable notice thereof.
 
9.3 The Arbitrator may in advance of hearings provide the parties with a list of matters or questions to which he wishes them to give special consideration.
 
9.4 If any party to the proceedings fails to appear at a hearing of which the notice has been given without showing sufficient cause for such failure, the Arbitrator may proceed with the arbitration and may make the Award after the party present has submitted evidence to prove its case.
 
 9.5 All meetings and hearings shall be in private unless the parties agree otherwise.

 
Article 10. Witnesses
10.1 The Arbitrator may require each party to give notice of the names and designations  of the witnesses he intends to call.
 
10.2 No party shall call any expert witness to testify without seeking the leave of the Arbitrator and in granting such leave the Arbitrator may  remind an expert witness of his duty to assist the Tribunal on any specific issue  to arrive at an, expeditious just and economical resolution of the matters before the Tribunal.
 
10.3 Any witness who gives evidence may be questioned by each party or its representative subject to any rulings made by the Arbitrator on whether or not a question should be put to the witness.  A witness may be required by the Arbitrator to testify under oath or affirmation. The Arbitrator may put questions at any stage during the examination of a witness.
 
10.4 Subject to such order or direction which the Arbitrator may make, the testimony of witnesses may be presented in written form, either as signed statements or by duly sworn affidavits.  Any  party may require   a witness to  attend for oral examination at a hearing. If the witness fails to attend, the Arbitrator may place such weight on the written testimony as he thinks fit, or may exclude it altogether.
 
10.5 The Arbitrator shall determine the admissibility, relevance, materiality and weight of the evidence given by any witness.

 
Article 11. Experts Appointed by the Arbitrator
11.1 Unless otherwise agreed by the parties, the Arbitrator may:
a) appoint one or more experts to report to the Arbitrator on specific issues;
b) require a party to give any such expert any relevant information or to produce, or to provide access to, any relevant documents, goods or property for inspection by the expert.
 
11.2 Unless otherwise agreed by the parties, if a party so requests or if the Arbitrator considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing, at which the parties shall have the opportunity to question him and to present expert witnesses in order to testify on the points at issue.
 
11.3 The provisions of Article 11.2 shall not apply to an assessor appointed by agreement of the parties, nor to an expert appointed by the Arbitrator to advise him solely in relation to procedural matters.

 
Article 12. Additional Powers of the Arbitrator
 12.1 Unless the parties at any time agree otherwise, the Arbitrator shall have the power to:
 
a) allow any party, upon such terms (as to costs and otherwise) as he shall determine, to amend claims or counterclaims;
b) extend or abbreviate any time limits provided by these Rules or by his directions;
c)  conduct such enquiries as may appear to the Arbitrator to be necessary or expedient;
d) order the parties to make any property or thing available for inspection, in their presence, by the Arbitrator or any expert.
e) order any parties to produce to the Arbitrator, and to the other parties for inspection, and to supply copies of any documents or classes of documents in their possession, custody or power which the Arbitrator determines to be relevant.
f) make orders or give directions to any party for interrogatories.
12.2 If the parties so agree the Arbitrator shall also have the power to add other parties to be joined in the arbitration with their express and make a single Final Award determining all disputes between them.
 
Article 13. Jurisdiction of the Arbitrator
In addition to the jurisdiction to exercise the powers defined elsewhere in these Rules, the Arbitrator shall have jurisdiction to:
a) determine any question of law arising in the arbitration;
b) receive and take into account such written or oral evidence as he shall determine to be relevant, whether or not strictly admissible in law;

c) proceed in the arbitration and make an Award notwithstanding the failure or refusal of any party to comply with these Rules or with the Arbitrator’s written orders or written directions, or to exercise its right to present its case, but only after giving that party written notice that he intends to do so.


 
Article 14. Deposit and Security
14.1 The Arbitrator may at any time direct the parties, in such proportions as he deems just, to make one or more deposits to secure the Arbitrator’s fees and expenses. Such deposits shall be  made to and held by the Arbitrator and may be drawn from as required by the Arbitrator. Interest on sums deposited, if any, shall  be accumulated to the deposits.
 
14.2 During the course of the arbitration proceedings, the Arbitrator may request supplementary deposits from the parties.
 
14.3 The Arbitrator shall have the power to order any party to provide security for the legal or other costs of any other party by way of deposit or bank guarantee or in any other manner the Arbitrator thinks fit.
 
14.4 The Arbitrator shall also have the power to order any party to provide security for all or part of any amount in dispute in the arbitration.
 
14.5 In the event that orders under Rules 14.1, 14.2, 14.3 or 14.4 are not complied with, the Arbitrator may refuse to hear the claims or counterclaims by the non-complying party, although it may proceed to determine claims or counterclaims by any party who has complied with orders.
 
Article 15. The Award
15.1 Unless all parties agree otherwise the Arbitrator shall make his Award in writing within sixty (60) days from the date on which the hearing is closed and shall state the reasons upon which his Award is based. The Award shall state its date and shall be signed by the Arbitrator.
 
15.2 Where there is more than one Arbitrator and they fail to agree on any issues, they shall decide by a majority. If an arbitrator refuses or fails to sign the Award, the signatures of the majority shall be sufficient, provided that the reason for the omitted signature is stated.
 
15.3 The Arbitrator shall be responsible for delivering the Award or certified copies thereof to the parties, provided that he has been paid his fees and expenses.
 
15.4 The Arbitrator may make interim awards or separate awards on different issues at different times.
 
15.5 If, before the Award is made, the parties agree on a settlement of the dispute, the Arbitrator shall either issue an order for termination of the reference to arbitration or, if requested by both parties and accepted by the Arbitrator, record the settlement in the form of a consent Award. The Arbitrator shall then be discharged and the reference to arbitration concluded, subject to payment by the parties of any outstanding fees and expenses of the Arbitrator.
 
15.6 The Arbitrator may award simple or compound interest on any sum which is the subject of the reference at such rates as the Arbitrator determines to be appropriate, in respect of any period which the Arbitrator determines to be appropriate ending not later than the date upon which the Award is complied with.
 
 15.7 By agreeing to have an arbitration under this Rules, the parties undertake to carry out the Award without delay.
 
 Article 16. Correction of Awards and Additional Awards
16.1 Within 30 days of receiving an Award, unless another period of time has been agreed upon by the parties, a party may by notice to the Arbitrator request the Arbitrator to correct in the Award any errors in computation, any clerical or typographical errors or any errors of similar nature.  If the Arbitrator considers the request to be justified, he shall make the correction(s) within 30 days of receiving the request.  Any correction shall be notified in writing to the parties and shall become part of the Award.
 
16.2 The Arbitrator may correct any error of the type referred to in Article 16.1 on his own initiative within 30 days of the date of the Award.
 
16.3 Unless otherwise agreed by the parties, a party may request the Arbitrator, within 30 days of receipt of the Award, and with notice to the other party, to make an additional Award as to claims presented in the reference to arbitration but not dealt with in the Award.  If the Arbitrator considers the request to be justified, he shall notify the parties within 7 days and shall make the additional Award within 60 days of receipt of the request.
 
16.4 The provisions of Article 16 shall apply mutatis mutandis to any correction of the Award and to any additional Award.
 
Article 17. Costs
17.1 The Arbitrator shall specify in the Award the total amount of his fees and expenses. The costs of the arbitration shall in principle be borne by the unsuccessful party. The Arbitrator shall determine the proportions in which the parties shall pay such fees and expenses, provided that the parties will be jointly and severally liable to the Arbitrator for payment of all such fees and expenses until they have been paid in full. If the Arbitrator has determined that all or any of his fees and expenses shall be paid by any party other than a party which has already paid them to the Arbitrator, the latter party shall have the right to recover the appropriate amount from the former.
 
17.2 The Arbitrator has power to order in his Award that all or part of the legal or other costs of one party shall be paid by the other party.
 
17.3 If the Arbitration is abandoned, suspended or concluded, by agreement or otherwise, before the Final Award is made, the parties shall be jointly and severally liable to pay to the Arbitrator his fees and expenses as determined by him together with the charges of the Singapore Institute of Arbitrators (if any).

 
Article 18. Exclusion of Liability
18.1 The Arbitrator, the Appointing Authority and the Singapore Institute of Arbitrators shall not be liable to any party for any act or omission in connection with any arbitration conducted under these Rules, save for the consequences of conscious and deliberate wrongdoing.
 
18.2 After the Award has been made and the possibilities of correction and additional Awards referred to in Article 16 have lapsed or been exhausted, neither the Arbitrator nor the Appointing Authority shall be under any obligation to make any statement to any person about any matter concerning the arbitration, and no party shall seek to make any Arbitrator or the Appointing Authority or the Singapore Institute of Arbitrators a witness in any legal proceedings arising out of the arbitration.
 
Article 19. Waiver
A party which is aware of non-compliance with these Rules and yet proceeds with the arbitration without promptly stating its objection to such non-compliance, shall be deemed to have waived its right to object.

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