FAST TRACK PROCEDURE

VIKRAM JEET SINGH14IP60003

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

FOLLOWING PROCEDURE WHILE CONDUCTINGARBITRATION 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 informationor 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

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

Singapore International Arbitration Centre (SIAC)

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.

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.

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.

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

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.

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; orc. 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

PROCEDUREThe 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.

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 reliefc. 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.

• 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.

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.

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.

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

• 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.

FEES

Hong Kong International Arbitration Center

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:

• 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;

EMERGENCY ARBITRATOR PROCEDURESA 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)

• 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

• 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.

THANKS