Resources

SERVICE

AMOUNT

REFERENCE

APPOINTMENT SERVICE FEE

SGD 1,500

Paid to SCMA under Rule 8.6 and 9.3 for every
arbitrator appointed SCMA Chairperson

CHALLENGE TO ARBITRATOR

SGD 4,000

Paid to SCMA under Rule 13.1 for Chairperson to determine challenge an arbitrator's appointment

EXPEDITED PROCEDURE (ARBITRATOR FEE CAP)

The arbitrator fee cap ranges from USD 10,000 to USD15,000

Aggregate claims and counterclaims up to or equal to USD 200,000: Fee cap of USD 10,000

Aggregate claims and counterclaims up to or equal to USD 300,000: Fee cap of USD 10,000 plus 5% of the amount by which the claim exceeds USD 200,000 (Maximum USD 15,000)

These amounts are fee caps and arbitrators may charge a lower rate. They should be paid directly to the arbitrator under Rule 44.12

EXPEDITED PROCEDURE (LEGAL COSTS CAP)

The legal costs cap ranges from USD 15,000 to USD 20,000

Aggregate claims and counterclaims are up to or equal to USD 200,000: USD 15,000

Where Aggregate claims and counterclaims are up to or equal to USD 300,000: USD 15,000 plus 5% of the amount by which the claims exceeds USD 200,000 (Maximum USD 20,000)

These amounts are fee caps for recoverable legal fees. The arbitrator should take note of these caps when determining the costs of arbitration under Rule 44.13

AUTHENTICATION OF ORIGINAL AWARD

SGD 150 per award

Paid to SCMA

CERTIFICATION OF COPY OF
AUTHENTICATED AWARD

SGD 150 per award

Paid to SCMA

CERTIFICATION OF ORIGINAL ARBITRATION AGREEMENT

SGD 150 per agreement

Paid to SCMA

CERTIFICATION OF EXISTENCE AND STATUS OF ARBITRATION

SGD 150 per certification

Paid to SCMA

FUND HOLDING

SGD 1,200 per annum

Paid to SCMA under Rule 42 and/or Fund Holding Agreement

Authenticate Original Awards & Certify Original Arbitration Agreements

Procedures for Authenticating Awards & Certifying Arbitration Agreements

A) Procedure for authenticating original awards

1. In accordance with SCMA Rule 8.7, the Tribunal shall inform the SCMA of its appointment with 7 days of its appointment. When doing so the Tribunal is asked to provide the following information: names of the arbitrator(s) forming the Tribunal, the names of the lawyers representing the parties, brief nature of the dispute and approximate amount in dispute and the nationality of the parties, but not the names of the parties.

2. Within 7 clear working days of the Tribunal informing the SCMA of its appointment, the SCMA shall provide each member of the Tribunal with the SCMA case reference number.

3. In accordance with SCMA Rule 34, the Tribunal shall send a copy of the Award to SCMA within 14 days from collection by one of the parties. The Award shall state its date and be signed by a majority of the members of the Tribunal.

4. The Tribunal should mention the SCMA case reference number, but if not the SCMA should request this within 14 clear working days of the receipt of the copy of the Award.

5. As a precaution, the SCMA will within 14 clear working days of receipt of the copy of the Award, contact in writing or in person one of the members of the Tribunal for reconfirmation that this is an accurate and complete copy of the Award and that the Award has been collected.

6. A party to the arbitration or its appointed representative may apply in writing to the SCMA to authenticate the original Award. The applicant must provide an original of the signed Award and the SCMA case reference number.

7. Within 7 clear working days of receiving a complete application, the SCMA shall check that the original of the Award submitted is the same as the copy retained by the SCMA as per paragraph 3 above.

8. If the original Award is the same as per paragraph 7 above, the Registrar or Chairman of the SCMA shall authenticate the original Award within 7 clear working days of the SCMA receiving the complete application.

9. The SCMA shall retain a copy of the original Award that has been authenticated.

B) Procedure for certifying copies of the original Award

1. A party to the arbitration or its appointed representative may apply in writing to the SCMA for a certified copy of the original authenticated Award. The applicant must provide the SCMA case reference number.

2. If the SCMA has authenticated the original Award, within 7 clear working days of receiving a complete application, the SCMA shall provide a certified copy of the authenticated original Award.

3. If the SCMA has not authenticated the original Award, within 7 clear working days of receiving a complete application, the SCMA will decline to provide a certified copy until the original Award has been provided to the SCMA for authentication. The procedure for authentication is that in Part A above.

C) Procedure for authenticating the original arbitration agreement

1. A party to the arbitration or its appointed representative may apply in writing to the SCMA to authenticate the original arbitration agreement. When doing so the applicant must provide the original arbitration agreement together with either (i) written confirmation from a majority of the Tribunal that the arbitration agreement is the agreement under which the dispute was submitted to arbitration, or (ii) otherwise evidence this to the satisfaction of SCMA by reference to the agreement and to the Award.
2. Within 7 clear working days of receiving a complete application, the SCMA shall make a determination whether the original arbitration agreement is the agreement under which the dispute was submitted to arbitration.

3. If the SCMA makes a determination that the original arbitration agreement is the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall authenticate the original arbitration agreement within 7 clear working days of the SCMA receiving the complete application.

4. The SCMA shall retain a copy of the authenticated original arbitration agreement,

5. If the SCMA makes a determination the that the original arbitration agreement is not the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall so notify the applicant within 7 clear working days of the SCMA receiving the complete application. The SCMA is under no obligation to do so, but can give reasons to the applicant for its determination.

D) Procedure for certifying copies of the original arbitration agreement

1. A party to the arbitration or its appointed representative that applies to the SCMA to authenticate the original arbitration agreement, may also apply to the SCMA to certify copies of that agreement. The SCMA will certify copies of the agreement at the same time that it authenticates the agreement.

2. If the original arbitration agreement is not available, a party to the arbitration or its appointed representative may apply in writing to the SCMA to certify copies of the original arbitration agreement. When doing so the applicant must provide copies of the original arbitration agreement together with either (i) written confirmation from a majority of the Tribunal that the arbitration agreement is the agreement under which the dispute was submitted to arbitration, or (ii) otherwise evidence this to the satisfaction of SCMA by reference to the agreement and to the Award.

3. Within 7 clear working days of receiving a complete application, the SCMA shall make a determination whether the original arbitration agreement is the agreement under which the dispute was submitted to arbitration.

4. If the SCMA makes a determination that the original arbitration agreement is the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall certify the copy of the arbitration agreement within 7 clear working days of the SCMA receiving the complete application.

5. The SCMA shall retain a copy of the copy of the original arbitration agreement submitted.

6. If the SCMA makes a determination that the original arbitration agreement is not the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall so notify the applicant within 7 clear working days of the SCMA receiving the complete application. The SCMA is under no obligation to do so, but can give reasons to the applicant for its determination.

Test v Test2

SPECIMEN DIRECTIONS FOR VIRTUAL HEARINGS

EXPLANATORY NOTES TO VIRTUAL HEARINGS