The Emergency Arbitrator procedure is a special procedure whereby an Emergency Arbitrator is appointed to hear applications for urgent interim relief prior to the constitution of the Tribunal.
SIAC was the first Asian arbitration institution to offer this procedure and has received more than 130 applications for the appointment of an Emergency Arbitrator since 1 July 2010.
Quick look: Application & Process Flow for Emergency Arbitrator (EA) Procedure
- File Notice of Arbitration (NoA) + File application for EA to SIAC (concurrently with NoA or after NoA, but prior to constitution of tribunal)
Application for EA to include:
- The party shall notify the Registrar and all other parties in writing of the nature of the relief sought and the reasons why such relief is required on an emergency basis.
- The application shall also set forth the reasons why the party is entitled to such relief.
- Such application must include a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties.
- Pay the requisite fees based on the SIAC Schedule of Fees:
- Non-refundable application fee of SGD 5,350 (inclusive of 7% GST) for Singapore parties, or SGD 5,000 for overseas parties; and
- The deposits towards the Emergency Arbitrator’s fees and expenses are fixed at SGD 30,000 unless the Registrar determines otherwise. (The Emergency Arbitrator’s fees are fixed at SGD 25,000 unless the Registrar determines otherwise. )
- To avoid delay, it is recommended that a party applying for the appointment of an Emergency Arbitrator include payment for both the application fee and the deposits in its application.
- The President of the Court of Arbitration of SIAC (President) shall determine whether SIAC should accept the application for emergency interim relief.
- The President shall, if she determines that SIAC should accept the application for emergency interim relief, seek to appoint an Emergency Arbitrator within one day of receipt by the Registrar of such application and payment of the administration fee and deposits.
- Within 14 days from appointment of EA to issue Order or Award of Interim Relief.