SIAC Arbitration Rules 2016: How to Respond to the Notice of Arbitration under SIAC

Introduction to SIAC Arbitration Rules 2016

The Singapore International Arbitration Centre (SIAC) is one of the premier international arbitration institutions which provides a neutral and efficient dispute resolution platform for businesses around the world. The SIAC Arbitration Rules 2016 are a comprehensive set of procedural rules upon which parties may agree to arbitrate their disputes. One of the key aspects of these rules is the process of responding to a Notice of Arbitration.

What is a Notice of Arbitration?

A Notice of Arbitration is a formal document that commences the arbitration process. It outlines the nature of the dispute, the relief sought, and other relevant details. Upon receipt of this notice, the respondent is required to submit a Response to the Notice of Arbitration.

Time Frame for Response Under SIAC Arbitration Rules 2016

Under Rule 4.1 of the SIAC Arbitration Rules 2016, the respondent has only 14 days from the receipt of the Notice of Arbitration to file a Response. However, this time limit may be extended by the SIAC Registrar upon request (Rule 2.6).

Contents of the Response under SIAC Arbitration Rules 2016

The Response to the Notice of Arbitration should include:

1. Confirmation or Denial: The respondent should confirm or deny all or part of the claims made in the Notice of Arbitration. If possible, any plea that the Tribunal lacks jurisdiction should also be included.
2. Counterclaim: If applicable, a brief statement describing the nature and circumstances of any counterclaim should be included. This should specify the relief claimed and, where possible, an initial quantification of the counterclaim amount.
3. Comments on Notice: Any comments in response to statements contained in the Notice of Arbitration under Rule 3.1 or any comments with respect to matters covered in such Rule should be included.
4. Nomination of an Arbitrator: Unless otherwise agreed by the parties, if the arbitration agreement provides for three arbitrators, then an arbitrator should be nominated in this response. If it provides for a sole arbitrator, then comments on the claimant’s proposal for a sole arbitrator or a counter-proposal should be included.

Conclusion

Responding to a Notice of Arbitration under SIAC is an important step in arbitration proceedings. It sets out your initial defense and can shape how your case progresses. Therefore, it’s crucial to understand what it entails and how to properly respond within the given time frame.