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A Practical Guide to the SIAC Rules

A Practical Guide to the SIAC Rules

  • Author:
  • Publisher: LexisNexis Singapore
  • ISBN: LNSGPG16SIACB
  • Published In: May 2018
  • Format: Paperback
  • Jurisdiction: Singapore ? Disclaimer:
    Countri(es) stated herein are used as reference only
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A Practical Guide to the SIAC Rules offers a detailed, article-by-article commentary on the latest version of the SIAC Rules, which was launched in the latter part of 2016. Written in a practical and accessible style, it provides references to relevant court judgments and statutory provisions. The Guide is a product of extensive research on the Rules, in particular, on the operation and impact of many of the new provisions since their very recent introduction.

From the Foreword by Mr Gary B. Born, President of SIAC Court of Arbitration:
This work, by experienced and respected international practitioners, therefore comes at an opportune moment, adding to the growing body of international arbitration commentary in Singapore and on SIAC. The authors have undertaken the substantial task of providing a rule-by-rule analysis, while drawing on Singapore’s cutting-edge, arbitration jurisprudence. The comprehensive scope of the book and the range of its analysis is a testament to the experience of its authors and the institutional strength of their practice. The systematic approach of the book will make it tremendously helpful to practitioners and users alike and I am confident that the book will become an essential point of reference for the international arbitration community in Singapore and beyond.

The Honourable Chan Sek Keong, Chief Justice of Singapore (11 April 2006 – 5 November 2012):
The SIAC Rules were revised in a number of important procedural areas in 2016, making all commentaries or guides out of date. This practical guide written by a team of experienced arbitration counsel from Clifford Chance is an indispensable guide to all aspiring arbitrators who are not familiar with the SIAC Rules and is invaluable to those arbitrators who have no time to keep up with current court decisions on the SIAC Rules.

Mr Toby Landau, Queen’s Counsel, Member of SIAC Court of Arbitration:
This is a comprehensive and masterful work on the 2016 SIAC Rules. The book tracks the chronology of a typical SIAC arbitration from beginning to end, with a rule-by-rule commentary. Detailed textual analysis has been combined with scholarly discussion (by reference to a wide range of international and comparative materials) as well as the expert and practical insights of the authors—all of whom are leading figures in international arbitration with a wealth of experience. SIAC arbitration is now one of the most popular forms of institutional arbitration with an increasingly worldwide reach. This book will undoubtedly become the essential companion for all those involved in or contemplating the process. But more than this, given the depth of its treatment of issues common to all types of arbitration, this is an extremely valuable resource for practitioners in general.

Mr Darius Khambata, Senior Counsel, Member of SIAC Court of Arbitration:
A Practical Guide to the SIAC Rules is exactly what it says it is—an excellent roadmap to negotiate an arbitration through the SIAC Rules. It will be of delight and assistance to every practitioner of SIAC arbitration, not the least Indian lawyers who are increasingly stepping out into the world of international commercial arbitration. India is the largest user of SIAC arbitration and with this comes the need for Indian lawyers to understand and work under its rules, largely procedural but also touching upon areas of substantive law and jurisdiction.

Although both India and Singapore continue to generate vibrant common law jurisprudence, the practice of commercial arbitration in them somewhat differs in approach and technique. It is therefore invaluable to an Indian practitioner to have handy a digested and collated compendium, such as this, of law, practice and experience in SIAC arbitration.

The authors have taken pains to structure the book as primarily a practitioners’ guide rather than purely a legal commentary. Yet they are careful to support all essential assertions with authority. Rules such as those of arbitral institutions are and must necessarily be general and discretionary in their application. That is where the collective depth and experience of the authors steps in and the book offers choices to a lawyer who may otherwise be unaware of the options available.

Of particular assistance will be the comparative analysis of the UNCITRAL Model Law, on which the Indian Arbitration and Conciliation Act 1996 is based.

There is always much to learn for a lawyer and this book is a welcome companion in that educative process. At a time that the world is looking closely at the practice and procedure of Indian arbitration as a means of effective dispute resolution this book will prove invaluable, being as it is a superb fusion of law and practice.

A. Introduction
B. Commencement of Arbitration
C. Multiple Contracts, Parties, and Arbitrations
D. Formation of Arbitral Tribunal and Challenge of Arbitrators
E. Conduct of the Arbitration
F. Powers of the Tribunal
G. Awards and Relief
H. Costs
I. Miscellaneous

Paul Sandosham

Paul is a partner in the Litigation and Dispute Resolution practice of Clifford Chance and acts as counsel in court and international arbitration proceedings. He is also regularly appointed as sole arbitrator or tribunal chairman in international arbitrations and is on the panel of arbitrators of many arbitral institutions. He is admitted to the Singapore bar and is on the rolls of solicitors of England & Wales. Paul is a qualified Chartered Arbitrator. He is a fellow of the Chartered Institute of Arbitrators and Singapore Institute of Arbitrators, a board member of the Chartered Institute of Arbitrators (Singapore) Ltd and chairman of the international arbitration sub-committee of the Law Society ADR committee. He is recognised as a leading dispute resolution practitioner in numerous independent legal directories.

Nish Shetty

Nish is a partner and leads the Litigation and Dispute Resolution Asia Pacific practice in Clifford Chance. He has advised on many complex cross-jurisdictional disputes in the past 22 years including arbitrations in Asia and Europe. Nish is on the panel of arbitrators of most of the key arbitral institutions in the region and beyond. He is widely recognised as a leader in the field of dispute resolution. Nish is qualified in both England & Wales and Singapore. He is also the founder and ex-chairman of the SIAC’s Users Council, the Co-Chair of the Council of Arbitration of the Mumbai Centre for International Arbitration and the first in Asia to be appointed as a Judge of Appeal on the FIA International Court of Appeal in Paris.

 

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