"Any and all disputes arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration ("SCMA Rules") current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.

This arbitration clause shall be governed by the laws of [Singapore]*."

*Parties may choose to replace Singapore with the laws of any other jurisdiction as may be agreed.

NOTE: Under the 4th Edition of the SCMA Rules, in cases where the aggregate amount of claims and counterclaims is equal to or less than USD 300,000 (or such other sum as may be agreed) the arbitration shall be conducted in accordance with the SCMA Expedited Procedure. Where the parties wish to exclude the application of the SCMA Expedited Procedure (Rule 44), the following clause should be added to the SCMA Arbitration Clause above:

"The SCMA Expedited Procedure shall be excluded from applying to the arbitration."

The Singapore Bunker Claims Procedure (SBC Terms) are a set of arbitration rules/terms specifically designed for the bunkering industry and can be found as part of various Singapore Standards maintained by Enterprise Singapore and the Singapore Standards Council. Parties may use the SCMA Bunker Arbitration Clause in relation to any contract for the sale and/or supply of bunkers.

"Any and all disputes arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore at the Singapore Chamber of Maritime Arbitration in accordance with the Singapore Bunker Claims Procedure current at the commencement of the arbitration which terms are deemed to be incorporated by reference in this clause."

It is recommended that parties included an applicable law clause in addition to any of the model clauses above. For this purpose, they may adopt the following clause, and should note that they are free to replace Singapore with the laws of any other jurisdiction as may be agreed:

"This contract is governed by the laws of [Singapore]."

"In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree: (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC."

The Singapore International Commercial Court (“SICC”) is a specialised division of the General Division of the Singapore High Court (“General Division”) that focuses on international commercial disputes, including those concerning shipping and international trade. Court proceedings instituted pursuant to the International Arbitration Act 1994 may be commenced in either the SICC or the General Division.

The SICC is also a first instance trial court with special features that make it an ideal forum to resolve complex cross-border, multi-jurisdictional disputes where arbitration is not the mode selected by parties to resolve the dispute.

Orders made by the SICC are Orders of the General Division. An appeal against a decision of the SICC will be heard by the Court of Appeal. Some features that distinguish the SICC from the General Division include:

(a) a Bench that includes leading jurists from foreign jurisdictions, many of whom are experienced in shipping and international trade, and several of whom have been admitted to the SCMA Panel of Arbitrators;

(b) representation in certain matters by foreign lawyers who have been registered with the SICC;

(c) applying flexible procedures, including those relating to disclosure of documents and rules of evidence; and

(d) third-party funding for, and conditional fee agreements in relation to, costs, in arbitration proceedings commenced in the SICC.

For further information about the SICC, please refer to its website: https://www.sicc.gov.sg/. Other sources include the Singapore Supreme Court of Judicature Act 1969 and the Singapore International Commercial Court Rules 2021, both of which are accessible at https://sso.agc.gov.sg/.

Where parties wish to incorporate mediation as a tiered dispute resolution mechanism as part of any agreed arbitration clause, the parties may include the following additional clause:

"The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the disputes referred to arbitration through mediation at the (Singapore Mediation Centre / Singapore International Mediation Centre / [insert any other recognised mediation institution])* in accordance with the SCMA AMA Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed in accordance with the SCMA Rules and may be made a consent award on agreed terms."

*Delete or amend as applicable. If neither or all are deleted, the Singapore International Mediation Centre shall apply.

(Adopted by BIMCO in September 2020. To be used in BIMCO Contracts and Forms)

(a) This contract shall be governed by and construed in accordance with Singapore/English* law and any dispute arising out of or in connection with this contract shall be referred exclusively to arbitration in Singapore in accordance with the Singapore International Arbitration Act (Chapter 143A) or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this clause. The seat of arbitration shall be Singapore even where any hearing takes place in another jurisdiction.

 
*Delete whichever does not apply. If neither or both are deleted, English law shall apply.

(b) The reference shall be to three (3) arbitrators unless the parties agree otherwise.

(c) The arbitration shall be conducted in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration (SCMA).

(d) In cases where neither the claim nor any counterclaim exceeds the sum of USD 300,000 (or such other sum as the parties may agree) the arbitration shall be conducted in accordance with the SCMA Expedited Procedure.

(e) The rules and procedures referred to in subclauses (c) and (d) above shall be those current at the time when the arbitration proceedings are commenced.

(f) Any and all notices and communications in relation to any arbitration proceedings under this clause, including commencement notices and appointment of arbitrators, shall be treated as effectively served from the date and time the e-mail was sent if sent by e-mail to the e-mail addresses below:

Name of party to this contract:
E-mail address(es) for receipt of notices and communications on behalf of the above party: [insert]

Name of other party to this contract:
E-mail address(es) for receipt of notices and communications on behalf of the above party: [insert]

Either party shall be entitled to change and/or add to the e-mail addresses above by sending notice of change to the other party at the above address (or, if previously amended by notice, the relevant amended addresses).

Nothing in this clause shall prevent any notice and communication in relation to any arbitration proceedings in connection with this contract being served by other effective means.