RULES
Where any agreement, submission or reference provides for arbitration under the Rules of Singapore Chamber of Maritime Arbitration ("SCMA"), the parties shall be taken to have agreed that the arbitration shall be conducted in accordance with the following Rules, or such Rules as amended by SCMA where amendments take effect before the commencement of the arbitration.
Note: The Vietnamese, Chinese and Indonesian version is for guidance only. If there is any discrepancy, the English version shall prevail.
SCMA Rules 3RD EDITION
(Previous Version)
Commentary on
the rules 3rd edition
COMMENTARY
ON RULES
which is for guidance and
is non-binding
(21 October 2015)
PRACTICE NOTE
ON FUND HOLDING
(Rule 42)
Note: The Chinese and Korean version is for guidance only. If there is any discrepancy, the English version shall prevail.
Commentary on rules credit to Simon Davidson, SCMA Head of Procedure Committee.
BUNKER CLAIMS
Note: The Singapore Bunker Claims Procedure is reproduced from SS 600:2022 with permission of Enterprise Singapore.
All rights reserved by Enterprise Singapore.
SS 600:2022 can be purchased from the Singapore Standards eShop at: www.singaporestandardseshop.sg
SINGAPORE BUNKER CLAIMS PROCEDURE (SBC TERMS) 2022
RESOLUTION OF DISPUTES
T.1
This standard provides a basis that they may be used in the resolution of disputes relating to the supply of bunkers through arbitration in accordance with the Singapore bunker claims procedure (SBC Terms) or other means.
T.2
In the event of any dispute in respect to the quantity of bunkers delivered, a copy of each of the notes of protest raised by the bunker tanker and the vessel, together with a copy of the BDN, shall be sent to the “Executive Director, Singapore Shipping Association” within 14 days after the bunker delivery.
T.3
In the event of any dispute in respect of the quantity of bunkers delivered, a copy of the complaint with a copy of the BDN should be lodged with the “Executive Director, Singapore Shipping Association” within 30 days (or such extended periods as may be agreed between the parties) after the bunker delivery.
T.4
Upon receiving a copy of the note of protest or the complaint from any one of the two parties involved, within 14 days of lodging the dispute, the Singapore Shipping Association (SSA) shall advise parties to consider any dispute resolution clause in their contract. Additionally, SSA shall recommend that the parties may settle the dispute through good faith negotiations or mediation. SSA shall also advise the parties of the option to submit their dispute to arbitration at the Singapore Chamber of Maritime Arbitration (SCMA) under the Singapore Bunker Claims Procedure. The parties shall inform SSA, on the choice of action(s).
If a fraud case is suspected, SSA shall recommend each party to lodge a police report.
A copy of the correspondence shall be extended to the Officer-in-Charge, Standards and Investigation - Marine Fuel Department of MPA, for information.
T.5
If both parties agree to settle their dispute through arbitration at the SCMA, the findings of the proceedings will be made available to the MPA, for information:
T.6
The following is an example of an arbitration clause:
“Any 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.”
U.1
APPLICATION
U.1.1
The Singapore bunker claims procedure (SBC terms) shall apply to all disputes arising out of or in connection with any contract for the sale and/or supply of bunkers, where the contracting parties, expressly provide for or submit their dispute for arbitration under the SBC terms. By agreeing to the SBC terms, the parties agree that the International Arbitration Act (Cap 143A) shall apply.
U.1.2
An exchange of correspondence signifying an agreement between the parties to submit to arbitration under the SBC terms shall be sufficient to constitute a submission of dispute for arbitration under U.1.1 of this Annex.
U.2
Definitions
In SBC Terms:
"MPA" refers to the Maritime and Port Authority of Singapore.
"Registrar" refers to the Registrar of the SCMA and includes the Assistant Registrar.
"SCMA" refers to the Singapore Chamber of Maritime Arbitration.
"SSA" refers to the Singapore Shipping Association.
"The Panel" refers to the SCMA Panel of Arbitrators.
"Tribunal" refers to to either a sole arbitrator or all the arbitrators where more than one is appointed.
U.3
Commencement
U.3.1 Any party referring a dispute to arbitration under these SBC terms (the “Claimant”) shall commence arbitration by serving on the other party (the “Respondent”) a written Notice of Arbitration.
The Notice of Arbitration shall include:
a) A request that the dispute be referred to arbitration;
b) Full names and addresses of parties and their representatives;
c) Full particulars of the arbitrator or arbitrators, if agreed upon;
d) Particulars of the terms of contract and any reference to an agreement to arbitration;
e) Date of delivery and date on which delivery should have been made, if applicable, and the
identities of any vessels involved;
f) Description of the dispute, namely, if it arises out of:
- A dispute on quantity or quality of the bunkers; or
- A failure to deliver, a late delivery, or non-payment or any other dispute from the sale or
supply of bunkers; and
g) Estimated amount of claim.
U.3.2 Every Notice of Arbitration shall be accompanied by the arbitration fee under U.9 in this Annex.
U.4
Expedited arbitration
U.4.1 The Registrar shall within seven days upon receipt of the Notice of Arbitration, set a timetable for filing and service of documents. Unless otherwise fixed by the Registrar, the arbitration shall be
conducted on an expedited basis and the following timetable shall apply:
a) Points of Claim to be filed within 14 days of the date of the Registrar’s notification of its receipt
of the Notice of Arbitration;
b) Points of Defence and Counterclaim to be filed within 14 days of service of Points of Claim; and
c) Points of Reply and Defence to Counterclaim, if any, to be filed within 14 days of service of
Points of Defence and Counterclaim.
U.4.2 Points of Reply and Defence to Counterclaim, if any, to be filed within 14 days of service of Points of Defence and Counterclaim.
U.4.3 In the absence of any agreement by the parties on the number of arbitrators, the Registrar shall appoint a sole arbitrator from the Panel.
U.5
Summary proceedings
U.5.1 For the expeditious disposal of claims, any party may, at the time or after the Notice of Arbitration is filed, but before agreement on the appointment of a Tribunal, request that the dispute be disposed of summarily.
U.5.2 The request for summary proceedings shall be in writing and a copy of the request shall be served on all other parties to the dispute.
U.5.3 Upon receipt of the request for summary proceedings, the Registrar shall fix a date not later than 21 days from the date of receipt of the request for summary hearing of the dispute and shall inform all parties accordingly. The Registrar shall at the same time inform the parties whether the summary proceedings will be conducted by the Registrar or by another person appointed by the Registrar.
U.5.4 Any party may, not later than five clear days before the date for the summary hearing, submit to the Registrar or the person appointed by the Registrar any documents relied on, together with written submissions. Copies of such documents or submissions shall be served at the same time on all other parties to the summary proceedings.
U.5.5 At the summary hearing, the Registrar, or the Tribunal so appointed, is empowered, upon hearing oral arguments and/or upon considering the documents and/or written submissions submitted by any party in accordance with this rule, to make an award or dismiss the claim(s). For this purpose, the Registrar or the person appointed by the Registrar shall constitute the Tribunal and have all the powers of an arbitrator or an arbitral tribunal under the SBC terms and the laws of Singapore, and any decision of the Registrar or the person appointed by the Registrar shall have effect as a decision of such an arbitrator or arbitral tribunal.
U.5.6 This rule shall not apply where:
a) The amount of claim or counterclaim exceeds or is likely to exceed SGD100,000, unless the parties agree otherwise; and/or
b) In the opinion of the Registrar, it is not possible for a decision to be reached within five days of the summary hearing.
U.5.7 Where after summary proceedings have been held and the Registrar or the Tribunal, as the
case may be, is of the view that the dispute cannot be disposed of summarily, the arbitration may
continue on an expedited basis as set out in U.4.
U.6
Powers
Without prejudice to any other powers granted elsewhere in these terms or by virtue of any applicable law, the Tribunal acting under these terms shall have the powers to:
a) Determine the rules of law governing or applicable to the contract or issues between the parties;
b) Allow other parties to join in the arbitration with their express consent and make a single final
award determining all disputes between them;
c) Allow any party, upon such terms (as to costs or otherwise) as it shall determine, to amend
claims and counterclaim;
d) Extend or abbreviate any time limits provided by these provisions or by its directions;
e) Conduct such enquiries as may appear to the Tribunal to be necessary or expedient;
f) Order the parties to take samples or make any property or thing available for inspection by the Tribunal or any expert, in their presence;
g) Order the preservation, storage, sale or other disposal of any property or thing under the control of any party;
h) Order any party to produce to the Tribunal, and to the other parties for inspection, and to supply copies of, any documents or classes of documents in their possession or power which the Tribunal determines to be relevant;
i) Allow, refuse or limit the appearance of witnesses, whether witness of fact or expert witnesses;
j) Proceed with the arbitration and make the award, notwithstanding the failure by any party to submit any document or to avail itself the opportunity to present its case; and
k) Direct parties to present a statement of agreed facts which are not in dispute but are relevant to the claim and/or counterclaim and to stipulate a time period for compliance with its directions.
U.7
Hearing
U.7.1 Proceedings under the SBC terms shall proceed on the basis of documents, written submissions or oral arguments.
U.7.2 No oral evidence shall be presented under the SBC terms unless the Tribunal requests.
U.7.3 Any hearing may be held at the SCMA, virtually, or by such other platform the Tribunal may direct.
U.8
Award
U.8.1 An award shall be in writing and the Tribunal shall state brief reasons for its decisions for the award.
U.8.2 The Tribunal may also award:
a) damages for delay caused by any vessel;
b) interests at such rate as they deem fit, whether on simple or on compound basis; and
c) costs.
U.8.3 An award shall be final, binding and enforceable in accordance with its terms. Any right of appeal to a Court of Law is expressly excluded.
U.8.4 The Tribunal shall make an award within 14 days after the hearing or from the final date when all documents or submissions are made, whichever is the later.
U.8.5 An award made by the Tribunal shall be delivered to the Registrar who shall transmit certified copies to the parties and the MPA.
U.8.6 U.8.5 shall not apply in respect of disputes arising out of any contract for the sale and/or supply of bunkers outside the port of Singapore.
U.9
Fees
Applicable fees payable shall be in accordance with the Schedule of Fees current at the commencement of the arbitration. Such fees are payable by the Claimants in the first instance but may be recoverable in accordance with the terms of the Award.
U.10
Arbitrators
An arbitrator appointed under the SBC terms shall be from the Panel.
U.11
General
U.11.1In all matters not expressly provided for in these terms, the Registrar and the Tribunal shall act in the spirit of these terms and shall make every reasonable effort to ensure that the disputes are resolved expeditiously and fairly, and the awards, legally enforceable.
U.11.2 These terms are designed to provide a simplified, quick and inexpensive procedure for the resolution of disputes arising out of the sale and/or supply of bunkers or where the claim or any counterclaim does not exceed SGD 100,000 or where only straightforward issues are involved in the dispute. Where the claim and/or counterclaim exceeds SGD 100,000 or where complex issues are involved, the Registrar may (and if the parties agree, shall) direct that the dispute be resolved by full arbitration in accordance with the SCMA Rules current at the time of the commencement of arbitration. U.11.3 These provisions may be amended from time to time on the advice of the SSA and the concurrence of the MPA, but the SBC terms applicable to the dispute shall be the SBC terms in force at the time the Notice of Arbitration is served on the Registrar under U.3.1 of this Annex.
THE SEADOCC TERMS SCMA EXPEDITED ARBITRAL DETERMINATION OF COLLISION CLAIMS (SEADOCC)
THE TERMS
1.
These Terms relate to the maritime arbitration procedure referred to herein, which will be governed exclusively by the Singapore Chamber of Maritime Arbitration (the SCMA).
2.
This procedure will be known as the SCMA Expedited Arbitral Determination of Collision Claims ("SEADOCC") and these Terms may be referred to as (the SEADOCC Terms).
OBJECTIVE
3.
SEADOCC aims to provide a fair, timely and cost-effective means of determining liability for a collision in circumstances where it has not been possible or appropriate to reach such an apportionment of liability using other means of dispute resolution.
4.
The purpose of arbitration under these Terms ("the SEADOCC Arbitration") is to provide a binding decision on liability ("the Liability Award") for a collision between two or more ships ("the Collision") by a single appointed Arbitrator ("the Arbitrator").
5.
The Arbitrator will be appointed jointly by each Party to the dispute arising out of the collision (together "the Parties"). It is a condition precedent of the Parties taking part in SEADOCC that they agree in writing to the identity and appointment of the Arbitrator and commencement of a SEADOCC Arbitration.
6.
By agreement between the Parties, the Arbitrator may also be called upon to review the quantum of the inter-ship claims and, pursuant to an agreement on the apportionment of liability between the Parties or a Liability Award under these Terms, provide a final and binding Award on the payment to be made on the balance of claims from one Party to the other ("the Settlement Award").
7.
The Parties will be free to appoint any person as an Arbitrator. It is envisaged that this would be someone with legal or practical experience in dealing with claims arising from collisions between vessels, drawn from the maritime community in Singapore. The SCMA will maintain a list of Arbitrators ("the SEADOCC Panel") who have taken part in SEADOCC Arbitration and produced at least one Liability Award as defined herein.
8.
The Parties hereby agree that the determination of the apportionment of liability and, where
agreed between the Parties, the assessment of inter-ship claims arising out of the Collision
will be conducted under the SEADOCC Terms, rather than in accordance with the procedure
of the Courts of any jurisdiction. The SEADOCC Terms may however be varied by agreement
between the Parties.
9.
The juridical seat of the SEADOCC Arbitration shall be Singapore. Unless the parties agree to
the contrary, the dispute shall be determined according to Singapore law.
10.
The SEADOCC Terms shall govern the SEADOCC Arbitration save that if any of these Terms
is in conflict with a mandatory provision of the International Arbitration Act (Cap 143A) and
any statutory re-enactment thereof in Singapore ("the Act"), from which the Parties cannot
derogate, such provisions shall prevail.
11.
The SCMA will not be liable for any claims or disputes arising out of the appointment of any
Arbitrator, whether chosen from the SEADOCC Panel or not. The Parties will make any such
appointments at their own risk.
Initial Assessment
12.
As soon as possible following the appointment of the Arbitrator, he or she will hold an initial
meeting or telephone conference with the Parties to establish the nature of their dispute, the
broad issues involved, the likely level of documentation and the service they require.
13.
Based on this, the Arbitrator will provide an estimate of his or her likely costs for providing the
Liability Award and/or Settlement Award. This will be indicative only and will not be binding on
the Arbitrator.
Engagement Letter and Options
14.
On appointment, the Arbitrator will provide the Parties with an engagement letter ("the Engagement Letter") clearly setting out his or her hourly rates and terms and conditions which
shall be no greater than his or her usual hourly rates.
15.
The Arbitrator may also seek a letter of comfort or security from the Parties’ respective P&I insurers or such other body as the Arbitrator shall consider satisfactory, confirming that these insurers shall in the first instance be jointly and severally liable for settling the Arbitrator’s Costs as defined herein.
Early settlement
16.
If the Parties settle their dispute at any stage following the appointment of the Arbitrator
(“an Early Settlement”), they will inform him or her as soon as reasonably possible.
17.
The Arbitrator will be entitled to the costs and expenses of any work conducted prior to and up
to the date of an Early Settlement in accordance with the Engagement Letter.
Submissions
18.
The Parties shall each within 14 days of the Arbitrator’s appointment provide him or her with
the following documents and information (collectively “the Evidence”):
a. A summary of the background facts of the case set out on no more than six pages of A4 paper.
b. A maximum of one lever arch file of key documents (“The Arbitration Bundle”), which may be provided in electronic form, such as:
i. Navigation charts;
ii. Deck and engine logbook extracts;
iii. Deck and engine bell books;
iv. Engine data logger records;
v. Course recorder extracts;
vi. Weather forecasts and reports; if relevant
vii. STCW Crew certificates for those officers and ratings involved in the incident;
viii. Any photographs or notes made by the witnesses;
ix. Other ship’s documents or records which may be relevant to the case;
x. Any key advices provided to the Parties by their legal advisors;
xi. Any criminal or civil reports by national maritime administrations;
xii. Any surveyors’ reports; and/or
xiii. Any available AIS data.
c. Copies of any ECDIS or VDR/SVDR data, including playback software, from the respective Ships.
19.
The Parties will promptly after provision of the Evidence to the Arbitrator make appropriate
arrangements for the simultaneous exchange of their Arbitration Bundles.
20.
The Arbitrator will review the Evidence and determine whether there is any additional
information or documentary evidence (“Additional Evidence”) which might assist him or her in
making the Liability Award. It is envisaged that this initial review would be conducted within
14 days of the Parties providing to the Arbitrator their Arbitration Bundles. The Arbitrator will
then provide a written list of any such Additional Evidence to the Parties.
21.
The Parties shall within 14 days of the Arbitrator’s written request provide such Additional
Evidence as he or she may request. Neither Party shall be obliged to provide such Additional
Evidence to the Arbitrator, but the Arbitrator may draw whatever inference he or she considers
appropriate in the circumstances from any failure to do so.
22.
Where Additional Evidence is provided to the Arbitrator, the Parties will at the same time serve
on each other an identical copy of their respective Additional Evidence. The Parties will make
appropriate arrangements for the simultaneous exchange of such Additional Evidence.
23.
The Arbitrator will then prepare a draft Liability Award in writing, with reasons (“the Draft
Award”) on the apportionment of liability for the Collision, which he will provide to the Parties
for their consideration.
24.
The Parties agree that once such a Draft Award has been published they will be bound to obtain
a final written Liability Award from the Arbitrator, subject to the Parties achieving an Early
Settlement and regardless of whether they provide further written submissions in response to
the Draft Award as set out below.
25.
The Draft Award will normally be available to the Parties within six weeks after the Parties have
provided such Additional Evidence as the Arbitrator may require.
26.
The Parties shall within 21 days of receiving the Draft Award provide to the Arbitrator any further
written submissions they may have, on not more than four pages of A4 paper, in response to the
Draft Award.
27.
Where the Parties provide further written submissions to the Arbitrator, the Parties will
promptly make appropriate arrangements for the simultaneous exchange of such further
written submissions.
28.
The Arbitrator will then prepare his or her Liability Award with reasons on the apportionment
of liability for the collision. The Liability Award will normally be available to the Parties within
four weeks after the Parties have provided their further written submissions in response to the
Draft Award.
29.
It is envisaged that the timescale from the appointment of the Arbitrator to the publication of
the Liability Award will be no longer than five months, and hopefully shorter than this, subject
to any exceptional circumstances.
Inter-ship Claims and Settlement
30.
By agreement between the Parties, the Arbitrator may also provide a Settlement Award on the
payment to be made on the balance of inter-ship claims arising out of the Collision from one
Party to the other.
31.
The Arbitrator shall make such directions and orders as he or she considers necessary to
obtain evidence on claims (“the Quantum Evidence”) including invoices, vouchers and payment
receipts. Having reviewed the Quantum Evidence, the Arbitrator will then provide a Settlement
Award.
32.
The Liability Award and any Settlement Award will be final and binding on the Parties. The
Liability Award and any Settlement Award shall each have the force of an Arbitration Award
made under the Act.
Costs and Fees
33.
The Arbitrator will be entitled to charge the rates set out in the Engagement Letter for work
carried out in preparing a Liability Award or Settlement Award as described in these Terms.
34.
The costs of the Arbitrator (“the Arbitrator’s Costs”) will be shared equally between the Parties
regardless of the outcome of the SEADOCC Arbitration. The Parties shall be jointly and severally
liable for payment of all the Arbitrator’s Costs. Payment will be made promptly within 30 days
of receiving his or her invoice. Thereafter the Arbitrator shall be entitled to charge interest at
5% per annum on any unpaid Arbitrator’s Costs.
File Closure
35.
Three months after the publication of the Liability Award and/or Settlement Award (as
appropriate) the Arbitrator shall notify the Parties of his or her intention to dispose of the
Evidence and any other documents and to close the file. He or she will act accordingly unless
otherwise requested by either Party within 21 days of such notice being given.
Law and Jurisdiction
36.
Any dispute arising under these Terms shall be subject to Singapore Law and the exclusive
Jurisdiction of the Singapore Courts.
Dated this [ ] day of [ ]
EXPEDITED PROCEDURE FEES/COSTS (SCMA Rules 4th Edition)
The 4th Edition of the SCMA Rules contains an expedited procedure (Rule 44) for claims that do not exceed USD 300,000 excluding interest and costs. Under this expedited procedure, there is a cap on fees for arbitrators and recoverable legal costs as follows.
ARBITRATOR’S FEES
The fees of any arbitrator hearing a dispute under the Expedited Procedure shall be capped at USD 10,000 in circumstances where the aggregate claims and counterclaims are up to or equal to USD 200,000. Where the aggregate claims and counterclaims are up to or equal to USD 300,000, the fees of any arbitrator shall be USD 10,000 plus 5% of the amount by which the claims exceeds USD 200,000.
COSTS
The Tribunal may order that all or part of the legal or other costs of one party shall be paid by another party but the amount of such costs to be paid by that other party shall not exceed USD 15,000 in circumstances where the aggregate claims and counterclaims are up to or equal to USD 200,000. Where the aggregate claims and counterclaims are up to USD 300,000, the costs shall be USD 15,000 plus 5% of the amount by which the claim exceeds USD 200,000.
SMALL CLAIMS PROCEDURE FEES/COSTS (PREVIOUS VERSION)
The Rules contain a small claims procedure (Rule 46) for claims unlikely to exceed USD150,000 excluding interest and costs. Under
this expedited procedure, there is a cap on fees for arbitrators and recoverable legal costs as follows.
ARBITRATOR’S FEES
The fees of the arbitrator(s) shall be capped at USD5,000 or, if there is a counterclaim, USD8,000 in total per arbitrator (for which small claims, it is usually a sole arbitrator).
COSTS
The Tribunal may order that all or part of the legal or other costs of one party shall be paid by the other party but the amount of legal costs to be paid by that other party shall not exceed US$7,000, or if there is a counterclaim, USD10,000 in total for each party's lawyers.
SCMA RULES 2ND EDITION (2009)
AS AMENDED JAN 2013 (PREVIOUS VERSION)
SCMA RULES
2nd Edition
(2009)
新加坡海事仲裁院仲裁规则
第二版
(2009 年)
싱가폴 해사 중재 규칙
제 2차 개정 (2009)
Note: The Chinese and Korean version are for guidance only. If there are any discrepancies, the English version shall prevail.
Special thanks to Mr. Benjamin Hughes & his team comprising of Ms Bina Jo, Ms Seungmin Lee, Ms Suh-Young (Claire) Shin from
Shin & Kim for rendering their help in the Korean Translation.
SCMA RULES 2ND EDITION (2009)
(PREVIOUS VERSION)
SCMA RULES
2nd Edition
(previous version)
新加坡海事仲裁院仲裁规则
第二版
(前版本)
SCMA RULES 1ST EDITION
SCMA RULES
1st Edition
|
|