4th Edition Rules

These rules shall be referred to as the "SCMA Rules", or simply the "Rules".

In these Rules:

"Award" includes any partial, interim, final or additional award.

"Chairperson" means the Chairperson of the Singapore Chamber of Maritime Arbitration, or such other person designated by the Chairperson. The office of the Chairperson includes the Chairman or Chairwoman as applicable.

"Chamber" means the Singapore Chamber of Maritime Arbitration and includes any of the Chamber’s officers, employees or agents.

"Expedited Procedure" means the procedure under Rule 44 and includes a reference to the Small Claims Procedure.

"Practice Note" refers to any direction or guideline published by the Registrar from time to time to aid the implementation of these Rules.

"Registrar" means the Registrar of the Chamber and includes the Assistant Registrar. The Registrar when acting on behalf of the Chamber shall (unless otherwise excepted by any other provisions of these Rules or by agreement of the parties) be assumed to have full authority to do all things necessary in the implementation of these Rules.

"SBC Terms" refers to the terms of the Singapore Bunker Claims Procedure referred to in Rule 46 and maintained by the Singapore Standards Council as amended from time to time.

"Schedule of Fees" means the fee schedule maintained by the Chamber which may be amended from time to time.

"SEADOCC Terms" refers to the terms of the SCMA Expedited Arbitral Determination of Collision Claims referred to in Rule 45 and maintained by the Chamber which may be amended from time to time.

"Secretariat" means the Secretariat of the Chamber and includes the Registrar and Assistant Registrar.

"Standard Terms of Appointment" refers to the SCMA Standard Terms of Appointment maintained by the Chamber which may be amended from time to time.

"Tribunal" means either the sole arbitrator, or all the arbitrators when more than one is appointed.

These Rules shall apply to an arbitration agreement whenever parties have so agreed and shall consequently govern the arbitration save that, if any of these Rules conflict with any law of the seat of the arbitration from which the parties cannot derogate, then in such case such applicable law shall prevail.

Unless otherwise agreed, this edition of the Rules shall apply to an arbitration which commences on or after 1 January 2022.

For the purpose of these Rules, any notice or communication shall be in writing and is deemed to have been effectively served and received if it is delivered with proof of delivery or proof of receipt:

a. 

to the addressee in person; or

b.

to the addressee's habitual residence, place of business or physical mailing address; or

c.

to the addressee's designated electronic mailing address; or

d.

if none of the above in 3.1a to 3.1c can be found after making reasonable inquiry, then, to the addressee's last-known residence or place of business.

Any notice or communication shall be deemed to have been received on the date indicated on the proof of delivery or proof of receipt.

An addressee’s electronic mailing address is deemed to be designated if:

a. 

the parties have agreed in writing that correspondence between them is to be sent to such 
electronic mailing address; or

b. 

such electronic mailing address has been used habitually and effectively between the parties in the course of business relating to the dispute in which the arbitration is commenced.

For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice or communication is delivered. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.

Where a party is represented by a lawyer or other agent in connection with any arbitral proceedings, all notices, communications or documents required to be served for the purposes of the arbitral proceedings, together with all decisions, orders and Awards made or issued by the Tribunal, shall be treated as effectively served if served on that lawyer or agent.

Subject to Rule 4.4, any party may be represented by any authorised representative (whether or not that person is a legal practitioner). The Tribunal may require proof of a representative's authority as it considers appropriate.

Any change by a party to its authorised representative(s) after the Tribunal has been constituted shall be subject to the Tribunal's approval. Approval may only be withheld if the Tribunal is satisfied that there is a substantial risk that such change might prejudice the conduct of the proceedings or the enforceability of any Award.

Unless otherwise agreed by the parties, the language of any arbitration that is commenced or conducted under the Rules shall be English.

Any party referring a dispute to arbitration under these Rules (the "Claimant") shall commence arbitration by serving on the other party (the "Respondent") a written Notice of Arbitration (the "Notice of Arbitration"). The Notice of Arbitration shall include:

* The parties should take note of the Expedited Procedure in which its application is assessed at the time fixed for the service of the Response to the Notice of Arbitration (see Rule 44.1, read with Rules 44.10 & 44.11). For prudence, parties may wish to make alternative proposals in both Rules 6.1e and 6.1f, as well as Rules 7.1b and 7.1c respectively.

At the same time the Notice of Arbitration is delivered to the Respondent, the Claimant shall for the purposes of record send a copy of the Notice of Arbitration to the Secretariat electronically at secretariat@scma.org.sg or such other address as directed by the Registrar by Practice Note. The Notice of Arbitration shall not be invalidated for late or non-compliance with this Rule 6.2.

Within 14 days of receipt of the Notice of Arbitration, the Respondent shall serve on the Claimant a written Response to the Notice of Arbitration (the “Response”). The Response shall include:

At the same time the Response is delivered to the Claimant, the Respondent shall for the purposes of record send a copy of the Response to the Secretariat electronically at secretariat@scma.org.sg or such other address as directed by the Registrar by Practice Note. The Response shall not be invalidated for late or non-compliance with this Rule 7.2.

* See footnote to Rule 6.1 above.

Where the parties have neither agreed to a number of arbitrators nor the procedure for appointment, this Rule 8 shall apply subject always to the application of the Expedited Procedure in Rule 44.

Where the parties have not agreed on the number of arbitrators but have agreed to these Rules, 3 arbitrators shall be appointed

Where a sole arbitrator is to be appointed, and the parties have been unable to agree on the appointment within 14 days from the date fixed for the service of the Response, the Chairperson shall appoint the sole arbitrator upon the application of any of the parties.

Where the parties have agreed that 3 arbitrators are to be appointed but have not agreed to the procedure for their appointment:

If the parties have agreed on any special qualifications required of any arbitrator(s) to be appointed, the parties (or the Tribunal pursuant to Rule 8.4d) shall declare such qualifications to the Chairperson at the time of application and the Chairperson shall have regard to such agreement. In any case, where the Chairperson is exercising powers of appointment pursuant to Rule 8, the Chairperson is not obliged to appoint any candidates proposed.

An appointment service fee as set out in the Schedule of Fees is payable to the Chamber for every appointment made by the Chairperson under this Rule. The parties are jointly and severally liable for payment of the appointment service fee. The parties shall bear the appointment service fee in equal proportions in the first instance. A party applying for the appointment may nevertheless at any time pay the full amount of the appointment service fee and seek recovery of it through its claims in the arbitration.

Every Tribunal constituted under these Rules shall within 7 days of its appointment inform the Secretariat of its appointment, including the following details:

The constitution of any Tribunal under these Rules shall not be impeded by any of these circumstances where in such instances, the Tribunal shall proceed as it considers appropriate:

Where there are more than 2 parties to the arbitration and a sole arbitrator is to be appointed, the Claimant(s) shall jointly nominate 1 arbitrator and the Respondent(s) shall jointly agree to the Claimant’s nomination, or alternatively, the Respondent(s) may jointly nominate 1 arbitrator as required under Rule 7.1b.

Where there are more than 2 parties to the arbitration and 3 arbitrators are to be appointed, the Claimant(s) shall jointly appoint 1 arbitrator and the Respondent(s) shall jointly appoint 1 arbitrator as required under Rules 6.1f and 7.1c.

If the Claimant(s) or the Respondent(s) fail to agree to a sole arbitrator or otherwise fail to convey to the other parties the appointment of their party-appointed arbitrator within 14 days after the date fixed for the service of the last Response to the Notice of Arbitration, the Chairperson shall appoint the arbitrator(s) upon application of any of the parties

The Tribunal conducting an arbitration under these Rules shall be, and remain at all times, independent and impartial, and shall not act as advocate for any party.

A prospective arbitrator shall disclose to any party who approaches the arbitrator in connection with the arbitrator’s possible appointment, or to the Chairperson in case of any approach by the Secretariat in connection with a possible appointment by the Chairperson, any circumstances likely to give rise to justifiable doubts as to the arbitrator’s impartiality or independence.

An arbitrator, once nominated or appointed, shall disclose any such circumstance referred to in Rule 10.2 above to all parties.

An arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence, or if the arbitrator does not possess qualifications agreed to by the parties.

A party may challenge an arbitrator nominated by it only for reasons of which it becomes aware after the appointment has been made.

A party who intends to challenge an arbitrator shall deliver to the Tribunal and on the other party or all other parties, whichever is applicable, a Notice of Challenge which shall state the reasons for such challenge.

The Notice of Challenge shall be delivered to the Tribunal and served within 14 days from the appointment of the arbitrator or within 14 days after the circumstances mentioned in Rule 11.1 became known to that party.

While the challenge is pending, the Tribunal may continue the arbitration proceedings and make an Award.

When an arbitrator has been challenged by one party, the other party or parties may agree to the challenge. The arbitrator may also, after the challenge, withdraw from office. However, it is not implied in either case that there has been an acceptance of the validity of the grounds for the challenge. In both cases, the procedure provided in Rule 8 read with Rule 14, shall be used for the appointment of a substitute arbitrator.

If the other party or parties do not agree to a challenge under Rule 12 and the arbitrator that is challenged does not withdraw, the party who brought the challenge may, after paying the application fee to the Chamber as set out in the Schedule of Fees, refer the matter to the Chairperson for a final decision.

If the Chairperson agrees to the challenge, a substitute arbitrator shall be appointed or chosen pursuant to the procedure applicable to the appointment of an arbitrator as provided in Rule 8 read with Rule 14.

The decision of the Chairperson under Rule 13.1 shall not be subject to any appeal.

In the event of the death, resignation or removal of any arbitrator, a substitute arbitrator shall be appointed according to the Rules that were applicable to the appointment of the arbitrator that is being replaced.

In the event of the appointment of any substitute arbitrator, the reconstituted Tribunal shall, at its discretion, decide if, and to what extent, prior proceedings shall be repeated before it.

The parties may agree to any procedural or evidential matter, including the extension or abbreviation of any time limit provided by these Rules, subject always to the Tribunal’s overriding discretion.

All written communications relating to the arbitration that emanate from the Tribunal to any party, or from any party to the Tribunal, shall be copied to all other parties and all members of the Tribunal.

The Tribunal may decide at any stage of proceedings that a case management meeting be convened. The purpose of the case management meeting(s) may include:

The Tribunal shall fix the date, time and place of any meeting in the arbitration, and shall provide reasonable notice to the parties prior to the fixing of any meeting.

A case management meeting may be held in person, by telephone, by video-conference, or in any other manner the Tribunal deems appropriate.

All meetings shall be in private unless the parties agree otherwise.

The Claimant shall deliver to the Tribunal and serve on the Respondent, a Statement of Claimant's Case within 30 days after the appointment of the Tribunal.

The Respondent shall deliver to the Tribunal and serve on the Claimant, a Statement of Respondent's Defence (and Counterclaim, if any) within 30 days after the service of the Statement of Claimant's Case.

If the Claimant intends to challenge anything in the Statement of Respondent's Defence and/or Counterclaim, the Claimant shall then deliver to the Tribunal and serve on the Respondent, a Statement of Claimant's Reply and, if necessary, Defence to Counterclaim, within 30 days after the service of the Statement of Respondent's Defence.

No further case statements shall be served without the leave of the Tribunal.

Each case statement shall contain the fullest possible details of the party’s claim, defence or counterclaim. It shall therefore:

A case statement shall be signed by, or on behalf of, the party making it.

All statements referred to in Rules 18 or 20 must be accompanied by all the documents on which that party relies to support its case.

The Tribunal will decide which further written statements, in addition to the case statement(s) already filed, are required from the parties and shall fix the periods of time for delivery and service of such statements.

All such further statements shall be given to the Tribunal and served on the Claimant or Respondent, whichever is applicable.

If the Claimant fails within the time specified under these Rules or as may be fixed by the Tribunal to serve its Statement of Case, the Tribunal may issue an order for the termination of the arbitral proceedings or make such other directions as may be appropriate in the circumstances.

If the Respondent fails to submit a Statement of Respondent’s Defence, the Tribunal may nevertheless proceed with the arbitration and make an Award.

Unless the parties agree that the reference is ready to proceed to an Award on the exclusive basis of the written submissions that have already been served, the parties shall complete the Questionnaire in the form set out in Schedule A and it shall be delivered to the Tribunal and the other party or parties within 14 days after the time fixed for the service of the Statement of the Claimant’s Reply.

The Questionnaire must contain the declaration set out at the end of the document which shall be signed by a properly authorized officer of the party.

The Tribunal shall require each party to give notice of the identity and designation of any fact witness it intends will give evidence whether by written statement or at a hearing.

A fact witness who is called to give evidence at a hearing may be questioned by each party or its representative subject to any rulings made by the Tribunal.

A fact witness may be required by the Tribunal to testify at a hearing under oath or affirmation.

Subject to such order or direction which the Tribunal may make, the testimony of fact witnesses may be presented in written form, either as signed statements or by statements made under oath or affirmation.

If a fact witness does not attend a hearing to give oral evidence when called to do so, the Tribunal may place such weight on the witness’ written testimony as it deems fit. The Tribunal shall in any case determine the admissibility, relevance, materiality and weight of the evidence given by any fact witness as it deems fit.

No party shall adduce expert evidence without the leave of the Tribunal. Where leave is given, the Tribunal shall require the party adducing expert evidence to give notice of the identity and designation of any expert the party intends will submit evidence or who will be called at any hearing.

Unless otherwise agreed by the parties, the Tribunal may:

An expert who is called to give evidence at a hearing may be questioned by each party or its representative in such manner the Tribunal deems fit in order to testify on the points in issue.

Subject to such order or direction which the Tribunal may make, the testimony of an expert may be presented in a report, either as a signed statement or by a statement made under oath or affirmation. The Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence given by any expert as it deems fit.

The Tribunal shall decide if a hearing should be held or if the matter is to proceed on documents only, save that there shall in any event be a hearing so long as any party requests one.

The Tribunal shall fix the date, time and place of any hearing in the arbitration, and shall provide reasonable notice to the parties prior to the fixing of any hearing.

A hearing may be held in person, by telephone, by video-conference or in any other manner the Tribunal deems appropriate.

In the event that a party to the proceedings, without sufficient cause, fails to appear at a hearing of which notice has been given, the Tribunal may proceed with the arbitration and make the Award.

All hearings shall be in private unless the parties agree otherwise.

If required, any party may appoint an interpreter with the leave of the Tribunal.

The interpreter shall be independent of the parties and the party appointing the interpreter shall pay for the interpreter’s fees.

If the interpreter is appointed by both parties, the fees will be shared by both parties in such proportion as the Tribunal may determine.

The Tribunal shall at an appropriate stage declare the proceedings closed and proceed to a final Award. In any event, unless the parties agree or the Tribunal otherwise directs, proceedings shall be deemed to be closed after the lapse of 3 months from the date of any final written submission or final hearing.

The Tribunal may in appropriate circumstances reopen the proceedings at any time before the final Award is made.

It is the Tribunal’s duty to ensure the fair, expeditious, economical and final determination of the dispute.

The Tribunal shall have the widest discretion in all matters allowed by the seat of the arbitration while having regard to any agreement between the parties.

In addition to the powers defined elsewhere in these Rules or any applicable law for the time being in force, the Tribunal shall have power to:

If the parties so agree, the Tribunal shall have the power to add other parties (with their consent) to the arbitration and make a single final Award determining all disputes between them.

Where 2 or more arbitrations appear to raise common issues of fact or law, the Tribunals may direct that the 2 or more arbitrations be heard concurrently or consecutively. Where such an order is made, the Tribunals may give such directions as the interests of fairness, economy and expedition require, including:

In addition to the jurisdiction to exercise the powers defined elsewhere in these Rules or any applicable law for the time being in force, the Tribunal shall have jurisdiction to:

The Tribunal shall apply the law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the Tribunal shall apply the law which it considers applicable.

The seat of arbitration shall be Singapore unless otherwise agreed by the parties. Where the seat of the arbitration is Singapore, the International Arbitration Act (Chapter 143A) shall apply unless otherwise agreed by the parties.

An Award made under these Rules shall be deemed to be made in the seat of arbitration.

Regardless of the seat of the arbitration, all physical hearings and meetings of the arbitration shall by default be held in Singapore save where parties agree otherwise or where the Tribunal otherwise directs.

Save as provided in Rule 33.2, where a Tribunal has been appointed, any direction, order, decision or Award of the Tribunal shall be made by the whole Tribunal or by a majority. The view of the third arbitrator shall prevail in relation to a decision, order or Award in respect of which there is neither unanimity nor a majority.

Where a third arbitrator has not been appointed, or if the third arbitrator’s position becomes vacant, the remaining 2 arbitrators if agreed on any matter, shall have the power to make decisions, orders and Awards.

Unless otherwise agreed by all parties, the Tribunal shall make its final Award in writing within 3 months from the date on which the proceedings are closed and the Tribunal shall state in the final Award the reasons upon which the Award is based.

By agreeing to arbitration under these Rules, the parties agree that any Award shall be binding on the parties from the date it is made, and undertake to carry out the Award immediately and without delay.

Every Award shall state its date and shall be signed by the Tribunal in accordance with Rule 33. If an arbitrator refuses or fails to sign the Award, the signatures of the majority shall be sufficient, provided that the reason for the omitted signature is stated in the Award.

Members of a Tribunal need not meet in person to sign any Award or to effect corrections. Unless any party requires or the Tribunal in its discretion otherwise decides, an Award may be signed electronically and/or in counterparts and assembled into a single electronic document.

Where the Tribunal’s fees are not secured or remain outstanding at the time an Award is made or about to be made, the Tribunal shall without delay notify the parties in writing of the outstanding amount of the fees and expenses, and inform that the Award is available to be sent to or for collection (whether electronically or physically) by the parties upon full payment of such amount. The Tribunal shall be entitled to refuse to deliver or release the Award or any copy of it to the parties except upon full payment of its fees and expenses. The Tribunal may in its discretion transmit the Award to the Secretariat and instruct its release to the parties upon full payment of the Tribunal’s fees and expenses, or on such lesser terms the Tribunal may decide.

If any Award has not been paid for within 1 month from the date of the notification in Rule 34.5, the Tribunal may give written notice to any party requiring payment of any outstanding fees and expenses of the Tribunal. The party that has been given such notice shall be obliged to pay for and collect the Award within 14 days of the notice.

The Tribunal shall send a copy of any Award to the Secretariat at the time of its transmission to any party, or in any event, within 14 days from the date of such transmission.

Unless any party by notice in writing informs the Secretariat of its objection to publication within 30 days of the transmission of an Award, the Award may be publicised by the Chamber for academic and professional purposes. The publication will be redacted to preserve anonymity as regards the identity of the parties, of their legal or other representatives, and of the Tribunal.

Any party may apply to the Chairperson or the Registrar for the authentication or certification of any SCMA Award. The party making such application shall pay the fee as set out in the Schedule of Fees to the Chamber together with any other required cost towards printing, binding or postage or any other related expense before the release of the authenticated Award or certified copy of the Award.

3 months after the publication of a final Award, the Tribunal may notify the parties of its intention to dispose of the documents and to close the file, and it will act accordingly unless otherwise requested within 21 days of such notice being given.

The Tribunal may make an Award in any currency as it considers appropriate and fair.

The Tribunal may award simple or compound interest on any sum awarded at such rate or rates and in respect of such period or periods both before and after the date of the Award as the Tribunal considers appropriate and fair.

Within 30 days after the receipt of an Award, any party, with notice to the other party or parties, may request that the Tribunal make an additional Award as to claims presented in the arbitral proceedings but omitted from the Award.

If the Tribunal considers the request for an additional Award to be justified and considers that the omission can be dealt with in an additional Award, it shall notify all the parties within 7 days of the receipt of the request that it will make an additional Award, and complete the additional Award within 60 days after the receipt of the request.

Within 30 days of receiving an Award, unless another period of time has been agreed upon by the parties, a party may by notice to the Tribunal request that the Tribunal correct, any errors in computation, any clerical or typographical errors, or any errors of similar nature, in the Award.

If the Tribunal considers the request justified, it shall make the correction(s) by way of an addendum within 30 days of receiving the request. Any correction shall be notified in writing to the parties and shall become part of the Award.

The Tribunal may correct any error of the type referred to in Rule 37.1 above on its own initiative within 30 days of the date of the Award.

The parties shall notify the Tribunal immediately if the arbitration is settled or otherwise terminated, and where applicable, the parties shall make provision in any settlement for the payment of the costs of the arbitration.

If the parties agree on a settlement of the dispute before the final Award is made, the Tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by both parties and accepted by the Tribunal, record the settlement in the form of an Award made by consent. The Tribunal is not obliged to give reasons in an Award made by consent.

If the continuation of the arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in Rule 38.1 above, the Tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings. The Tribunal shall have the power to issue such an order unless a party raises justifiable grounds for objection within 30 days after the Tribunal has made its intention known.

Unless a party requires, or the Tribunal in its discretion otherwise decides, copies of the order for termination of the arbitral proceedings or of the Award made by consent may be signed by the Tribunal electronically and/or in counterparts. The Tribunal shall be entitled to refuse to deliver or release the Award made by consent or the order for termination in the same manner as an Award described in Rule 34.5. The Tribunal may in its discretion transmit the order for termination or Award made by consent to the Secretariat and instruct its release to the parties upon full payment of the Tribunal’s fees and expenses, or on such lesser terms the Tribunal may decide.

The Tribunal shall send a copy of any Award made by consent or order for termination to the Secretariat at the time of its transmission to any party, or in any event, within 14 days from the date of such transmission.

The Tribunal shall specify in the final Award, the costs of the arbitration, and decide the proportion in which the parties shall bear such costs.

The “costs of the arbitration” shall include:

The Tribunal has power to order in any Award that all or part of the legal or other costs of one party shall be paid by another party. The Award shall fix such costs or direct that the costs be assessed by the Tribunal if not agreed by the parties.

When deciding which party shall bear the costs of the arbitration and the legal or other costs of the parties, and the amounts of all such costs, the Tribunal may take into account any unreasonable refusal by a party to participate in mediation and/or accept any settlement offers that were made. Any party may before a final Award is made, provide notice of any settlement offer that has been made in the course of proceedings and the disclosure of such settlement shall be made in accordance with the Tribunal’s directions.

The parties shall be jointly and severally liable for all fees and expenses incurred by the Tribunal in discharging its duties when appointed in accordance with these Rules.

Unless an arbitrator and the parties otherwise agree, an arbitrator appointed under these Rules and the parties are deemed to have agreed to the Standard Terms of Appointment.

The Tribunal members may in their discretion require interim payment of each member's fees and expenses at appropriate intervals including in accordance with the Standard Terms of Appointment, if they apply. Any such demand for payment shall be addressed to the parties and shall be copied to all other members of the Tribunal.

If any amount due under Rule 40.3 remains unpaid for more than 28 days after payment has been demanded, the arbitrator in their sole discretion may give written notice to the parties and other arbitrators that they will resign from their appointment if such amount still remains unpaid for 14 days after such notification. Without prejudice to ultimate liability for the fees in question, any party may prevent such resignation by paying the amount demanded within the said 14 days. Upon any resignation under this Rule, the arbitrator will be entitled to immediate payment of their fees to date and the arbitrator shall be under no liability to any party for any consequences of the resignation. The Tribunal may abbreviate or extend the time periods provided for under this Rule 40.4 if it considers it appropriate to do so.

The Tribunal in its discretion may direct that the parties, or the parties by agreement may, engage the Chamber’s fund holding service the fees for which shall be set out in the Schedule of Fees. The Secretariat shall administer the fund holding service in accordance with any Practice Note issued under this Rule.

If a hearing is for any reason adjourned part-heard, the Tribunal will be entitled to an interim payment, payable by the parties in equal shares or otherwise as the Tribunal may direct, in respect of any fees and expenses already incurred.

Application
The Expedited Procedure set out in this Rule 44 shall apply to any dispute referred under these Rules where:

Time Abridgment
For the purposes of service of the case statements referred to in Rule 18, the time limit for each statement shall be reduced to 14 days.

Summary Determination
The Tribunal shall as soon as practicable after its appointment, proceed to give directions for the determination of the matters in issue summarily.

Time for Making Award
The Tribunal shall issue the Award within 21 days either from the date of receipt of all parties’ case statements or, if an oral hearing is fixed, from the close of the oral hearing.

Brief reasons shall be given in an Award made under this Expedited Procedure.

Appointment of Arbitrator
A dispute proceeding under this Expedited Procedure shall be heard by a sole arbitrator and Rule 8.3 shall apply.

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 the amount set out in the Schedule of Fees.

Applicability of Rules
Save as expressly provided for or modified by this Rule 44, all other provisions of the Rules shall apply mutatis mutandis to any arbitration under the Expedited Procedure.

Whether by agreement to these Rules or otherwise, the parties to any contract for the sale and/or supply of bunkers may agree that the Singapore Bunker Claims Procedure (SBC Terms) as maintained by the Singapore Standards Council shall apply to any or all disputes arising out of or in connection with the contract for the sale and/or supply of bunkers.

Where a dispute arises from any contract for the sale and/or supply of bunkers, and the claim and counterclaim do not exceed SGD 100,000, the Registrar may upon the application of a party direct that the dispute be resolved under the SBC Terms.

The parties and the Tribunal, as well as the Chamber, shall at all times treat all matters relating to the arbitration (including the existence of the arbitration) and the Award as confidential save for the matters in Rule 47.2.

A party, any arbitrator, as well as the Chamber shall not, without the prior written consent of the other party or the parties, as the case may be, disclose to a third party any matter relating to proceedings under these Rules except:

The Chamber may, upon the application of a party in respect of a request under Rule 47.2, and with the consent of the Tribunal, issue a certificate certifying the existence and status of the arbitral proceedings upon payment of the fee to the Chamber as set out in the Schedule of Fees.

The Tribunal and the Chamber shall not be liable to any party for any act or omission in connection with any arbitration conducted under these Rules.

After the final Award has been made and the possibilities of correction and additional Awards have lapsed or been exhausted, neither the Tribunal nor the Chamber shall be under any obligation to make any statement to any person about any matter concerning the arbitration, and no party shall seek to make any arbitrator or the Chamber a witness in any legal proceedings arising out of the arbitration.

Any party which is aware of non-compliance with these Rules and yet proceeds with the arbitration without promptly stating its objection to such non-compliance shall be deemed to have waived its right to object.

In relation to any matters not expressly provided for in these Rules, the Tribunal, Chairperson and Registrar shall act in accordance with the spirit of these Rules.

Resolution of Disputes

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.

Application

Definitions

Commencement

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.

Expedited Arbitration

Summary Proceedings

Powers

Hearing

Award

Fees

Arbitrators

General

The Terms

Objective

Initial Assessment

Engagement Letter and Options

Early Settlement

Submissions

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:

c. Copies of any ECDIS or VDR/SVDR data, including playback software, from the respective Ships.

Inter-ship Claims and Settlement

Costs and Fees

File Closure

Law and Jurisdiction