Emergency Arbitration with Protective Preliminary Orders based on the SIAC Rules 2025
The Singapore International Arbitration Centre (“SIAC”) has introduced a new mechanism called the Emergency Arbitration (“EA”) mechanism under the SIAC Rules 2025. The SIAC Rules 2025, which came into effect on 1 January 2025, permit the parties to seek Protective Preliminary Orders (“PPO”) from an emergency arbitrator without notification to the other parties (i.e., ex parte preliminary orders, otherwise known as ex parte ad interim orders).
The PPO is intended to enable applicants to secure specific assets or legal positions appropriately. In short, after submitting a PPO and requesting the appointment of the Emergency Arbitrator, SIAC will appoint an arbitrator within 24 hours, and the PPO will be issued within the next 24 hours. This mechanism is expected to improve the efficiency, transparency, and sustainability of the dispute resolution process.
The regulation regarding EA with PPO is regulated in Schedule 1 of the SIAC Rules 2025, where the provision provides that a party may request the appointment of an Emergency Arbitrator along with filing an application for a PPO, without complying with the requirement to notify counterparties of the application.
Schedule 1 of the SIAC Rules 2025:
“…
Protective preliminary order application
25. Unless otherwise agreed by the parties, a party may file an Application without complying with paragraph 3(c) of this Schedule 1, and without notice to the other parties, to make a request for the appointment of an Emergency Arbitrator to consider a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the emergency interim or conservatory measure requested (a “protective preliminary order application”).
26. If the President determines that SIAC shall accept a protective preliminary order application under paragraph 25 of this Schedule 1, the President shall appoint an Emergency Arbitrator in accordance with the timelines in paragraph 7 of this Schedule 1.
27. The Emergency Arbitrator shall determine the protective preliminary order application within 24 hours after its appointment.
28. The order of the Emergency Arbitrator in respect of the protective preliminary order application shall be delivered by the Emergency Arbitrator to the SIAC Secretariat. The SIAC Secretariat shall transmit the Emergency Arbitrator’s order to all parties to the arbitration.
29. The applicant shall promptly and, in any event, within 12 hours of the transmission by the SIAC Secretariat of the Emergency Arbitrator’s order in respect of the protective preliminary order application, deliver a copy of all the case papers filed in the arbitration, the Emergency Arbitrator’s order, and all other communications, including the content of any oral communication at any hearing, between the applicant and the Emergency Arbitrator, to all the parties, and provide a statement to the Registrar and the Emergency Arbitrator certifying that it has done so, or if not accomplished, an explanation of the steps taken to do so.
30. Any preliminary order granted by the Emergency Arbitrator in respect of the protective preliminary order application shall expire 3 days after the date on which it was issued if the applicant fails to furnish the statement or explanation within such time as stipulated under paragraph 29 of this Schedule 1.
31. The Emergency Arbitrator shall provide an opportunity to any party against whom a protective preliminary order is directed to present its case at the earliest practicable time.
32. The Emergency Arbitrator shall decide promptly on any objection to the protective preliminary order.
33. A protective preliminary order shall expire 14 days after the date on which it was issued by the Emergency Arbitrator. The Emergency Arbitrator may, in accordance with the procedures in this Schedule 1, issue an order or award adopting or modifying the protective preliminary order, or granting such other emergency interim relief as appropriate, after all parties have been given an opportunity to present their cases.
34. If the President rejects the request to appoint an Emergency Arbitrator to consider a protective preliminary order application:
- such decision will be communicated to all parties by the SIAC Secretariat; and
- the applicant shall promptly comply with paragraph 3(c) of this Schedule 1.
The protective preliminary order application shall thereafter be dealt with as an Application in accordance with this Schedule 1, and the procedures set out in this Schedule 1 shall apply, save that the timeline provided for in paragraph 7 shall run from the date of the applicant’s compliance with paragraph 3(c) of this Schedule 1.
…”
The PPO procedure makes SIAC one of the first major international arbitration institutions to expressly permit ex parte emergency interim relief and illustrates SIAC’s interest in pioneering procedures to address the needs of users of the arbitration process. From this, we can see that the SIAC Rules 2025 represent a significant development in the evolution of SIAC arbitration, offering broader options and increased flexibility for parties and arbitral tribunals. Furthermore, these provisions also aim to improve the efficiency and effectiveness of the arbitration process, which in practice must be implemented judiciously as part of a future legal strategy.
Bibliography:
– SIAC Rules 2025.
Authored by King Kin Maharani (kingkin@fwp.co.id)
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