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.
PUBLIC CONSULTATION
SCMA RULES REVISION PUBLIC CONSULTATION 2020
PROCEDURE COMMITEE REPORT
PROCEDURE COMMITEE REPORT
Rule Revision
2020
SCMA Rules 3RD EDITION
(Latest)
SCMA ARBITRATION RULES
3rd Edition
(October 2015)
新加坡海事仲裁院
仲裁规则
第三版
(2015年10月)
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 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
Expand all rules
1.1. These Rules shall be referred to as “the SCMA Rules”.
1.2. In these Rules:
“Act” means the International Arbitration Act (Cap 143A) and any statutory re-enactment
thereof.
“Chairman” means the Chairman of the Singapore Chamber of Maritime Arbitration.
“Chamber” means the Singapore Chamber of Maritime Arbitration.
“Registrar” or “Assistant Registrar” means the Executive Director of SCMA or such other
person as the Chairman may appoint.
“SCMA Small Claims Procedure” means the procedure for claims under the sum of
US$150,000 made under Rule 46.
“Secretariat” means the Secretariat of the Singapore Chamber of Maritime Arbitration.
“Seat” means the juridical seat of the arbitration.
“Tribunal” means either a sole Arbitrator or all Arbitrators when more than one is appointed.
RULE 02Scope of ApplicationThese Rules shall apply to an arbitration agreement whenever parties have so agreed and shall
govern the arbitration save that, if any of these Rules is in conflict with a mandatory provision
of the Act (where the seat of the arbitration is Singapore) or the applicable law governing the
arbitration (where the seat of the arbitration is outside Singapore), from which the parties
cannot derogate, such provision or such applicable law, as the case may be, shall prevail.
RULE 03Notice, Calculation of Periods of Time3.1. Without prejudice to the effectiveness of any other form of written communication, written
communication may be made by fax, email or any other means of electronic transmission
effected to a number, address or site of a party. The transmission is deemed to have been
received on the day of transmission.
3.2. For the purposes of these Rules, any notice, including a notification, communication or
proposal, is deemed to have been received if it is physically delivered to the addressee or if
it is delivered at his habitual residence, place of business or mailing address, or, if none of
these can be found after making reasonable inquiry, then at the addressee’s last-known
residence or place of business. Notice shall be deemed to have been received on the day
it is so delivered.
3.3. 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, notification, communication or
proposal is received. 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.
RULE 04Commencement of Arbitration4.1. Any party referring a dispute to arbitration under these Rules (“the Claimant”) shall
serve on the other party (“the Respondent”), a written Notice of Arbitration (“the Notice of
Arbitration”) which shall include the following:
a. a request that the dispute be referred to arbitration;
b. the identity of the parties to the dispute;
c. a reference to the arbitration clause or any separate arbitration agreement that is
invoked;
d. a reference to the contract out of, or in relation to, which the dispute arises;
e. a proposal as to the number of Arbitrators (i.e. one or three), if the parties have not
previously agreed on the number; and
f. the name(s) of the Claimant’s proposed Arbitrator(s).
4.2. The Notice of Arbitration may also include:
a. a brief statement describing the nature and circumstances of the dispute; and
b. the relief or remedy sought
RULE 05Response by Respondent5.1. Within 14 days of receipt of the Notice of Arbitration, the Respondent shall serve on the
Claimant, a Response including:
a. a comment in response to any proposals contained in the Notice of Arbitration; and
b. the name(s) of the Respondent’s proposed Arbitrator(s).
5.2. The Response may also include:
a. a confirmation or denial of all or part of the claims; and
b. a brief statement of any envisaged counterclaims.
RULE 06Appointment of Tribunal6.1. The parties may, notwithstanding any of the provisions in this Rule 6, agree on the number
of Arbitrators and the procedure for the appointment of the Arbitrators and any such
agreement shall prevail over the provisions in Rule 6. 3 Arbitrators shall be appointed
unless the parties have agreed otherwise.
6.2. If a sole Arbitrator is to be appointed, and parties are unable to agree on the appointment
within 14 days from the date of service of the Notice of Arbitration, the Chairman shall
appoint the sole Arbitrator upon the application of any of the parties. The Chairman is not
bound to appoint any of the nominees of the parties.
6.3. If 3 Arbitrators are to be appointed, each party shall appoint 1 Arbitrator, and the 2
Arbitrators thus appointed shall appoint the third Arbitrator.
6.4. Where a party fails to appoint the Arbitrator within 14 days of receipt of a request to do so
from the other party, or if the 2 Arbitrators fail to agree on the appointment of the third
Arbitrator within 14 days of their appointment, the appointment shall be made, upon the
request of a party, by the Chairman. An appointment service fee of S$750 per party is
payable to SCMA before release of the letter. If a full response is not received at time of
release of the appointment letter, the party applying for the appointment shall make the
full payment of S$1,500 for release and seek recovery of S$750 through their claims from
the other party.
6.5. An appointment fee of S$500 shall be paid to the Arbitrator upon appointment and is nonrefundable.
6.6. The booking fee for the Tribunal is S$1,500 per day and should be paid to the Arbitrator.
If the matter is settled beforehand, parties may request from the Arbitrator for a partial
refund but this shall be subject to Arbitrator’s discretion.
6.7. The Tribunal shall within 7 days of its appointment, inform the Secretariat of the
appointment along with a brief nature of the dispute, without disclosing the parties’
names.
6.8. The constitution of the Tribunal shall not be impeded by:
a. any dispute with respect to the sufficiency of the Notice of Arbitration or the Response
which shall be finally resolved by the Tribunal; or
b. failure by the Respondent to communicate a Response to the Notice of Arbitration.
In either circumstance, the Tribunal shall proceed as it considers appropriate.
RULE 07Multi-party Appointment of the Tribunal7.1. If there are more than 2 parties in the arbitration, the parties shall agree on the procedure
for appointing the Tribunal within 21 days of the date of service of the Notice of Arbitration.
7.2. If the parties are unable to do so, upon the lapse of the 21 day time period mentioned
above, the Tribunal shall be appointed by the Chairman as soon as practicable.
RULE 08Service of Case Statements8.1. Unless otherwise agreed, within 30 days after the appointment of the Tribunal, the Claimant
shall deliver to the Tribunal and serve on the Respondent, a Statement of Claimant’s Case.
8.2. Within 30 days after the Service of the Statement of Claimant’s Case, the Respondent shall
deliver to the Tribunal and serve on the Claimant, a Statement of Respondent’s Defence
and Counterclaim (if any).
8.3. Within 30 days after the Service of the Statement of Respondent’s Defence, 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.
8.4. No further case statements shall be served without the leave of the Tribunal.
RULE 09Contents of Case Statements9.1. The case statements shall contain the fullest possible particulars of the party’s claim,
defence or counterclaim and shall thus contain a comprehensive statement of the facts
and contentions of law supporting the party’s position.
9.2. It shall thus:
a. set out all items of relief or other remedies sought together with the amount of all
quantifiable claims and detailed calculations;
b. state fully its reasons for denying any allegation or statement of the other party; and
c. state fully its own version of events if a party intends to put forward a version of events
different from that given by the other party.
9.3. A case statement shall be signed by, or on behalf of, the party making it.
9.4. All written statements referred to in Rule 8 must be accompanied by all supporting
documents relevant to the issues between the parties
RULE 10Default in Serving of Case Statements10.1. 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.
10.2. If the Respondent fails to submit a Statement of Respondent’s Defence, the Tribunal may
nevertheless proceed with the arbitration and make the Award.
RULE 11Further Written Statements11.1. 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 giving, filing and serving such statements.
11.2. All such further statements shall be given to the Tribunal and served on the Claimant or
Respondent, whichever is applicable.
12.1. An Arbitrator may in his discretion require payment of his fees to date (which for these
purposes include any expenses) at appropriate intervals (which shall be not less than
3 months). Any such demand for payment shall be addressed to the parties and shall
be copied to any other member of the Tribunal. Any such demand for payment is without
prejudice to ultimate liability for the fees in question and to the parties’ joint and several
liabilities therefor.
12.2. If any amount due under Rule 12.1 above remains unpaid for more than 28 days after
payment has been demanded, the Arbitrator in his sole discretion may give written notice
to the parties and Arbitrators that he will resign his appointment if such amount still
remains unpaid 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 paragraph, the Arbitrator will be
entitled to immediate payment of his fees to date, and shall be under no liability to any
party for any consequences of his resignation.
RULE 13Tribunal’s Security for Costs13.1. Without prejudice to the rights provided for elsewhere under these Rules, a Tribunal is
entitled to reasonable security for its estimated costs (including its fees and expenses) up
to the making of an Award. The form of such security and when it shall be provided shall
be in the Tribunal’s discretion.
13.2. If a Tribunal exercises the right to request security, it shall advise the parties of its total
estimated costs.
13.3. The Tribunal shall have discretion as to which party or parties shall provide the security
and if more than one party the amount to be provided by each. If such party fails to provide
such security within the time set, any other party will be given 7 days’ notice in which to
provide it; failing which the Tribunal may vacate any hearing dates or, in the case of a
documents-only arbitration, refrain from reading and/or drafting.
13.4. With respect to the periods of time set out in this rule, the Tribunal shall be entitled at its
discretion to set such shorter periods as are reasonable in the circumstances.
13.5. Any security provided or payment made in accordance with these provisions shall be
without prejudice to ultimate liability as between the parties for the fees and expenses in
question, and to the parties’ joint and several liability to the Tribunal until all outstanding
fees and expenses have been paid in full.
RULE 14Appointment of Substitute Arbitrator14.1. In the event of the death, resignation or removal of any of the Arbitrators, a substitute
Arbitrator shall be appointed according to the Rules that were applicable to the
appointment of the Arbitrator that is being replaced.
RULE 15Independence and Impartiality of the Tribunal15.1. The Tribunal conducting arbitration under these Rules shall be, and remain at all times
independent and impartial, and shall not act as advocate for any party.
15.2. A prospective Arbitrator shall disclose to any party who approaches him in connection
with his possible appointment, any circumstances likely to give rise to justifiable doubts
as to his impartiality or independence.
15.3. An Arbitrator, once nominated or appointed, shall disclose any such circumstance referred
to in Rule 15.2 above to all parties.
RULE 16Challenge to the Arbitrators16.1. An Arbitrator may be challenged if there are circumstances that give rise to justifiable doubts as to his impartiality or independence.
16.2. An Arbitrator may also be challenged if he does not possess the qualifications required by the agreement of the parties.
16.3. A party may challenge an Arbitrator appointed on its nomination or with its agreement only for reasons of which it becomes aware after the appointment has been made.
16.4. A party who intends to challenge an Arbitrator shall deliver to the Tribunal(and where the Tribunal comprises of more than one Arbitrator, to eachArbitrator comprising the Tribunal) and on the other party or all other parties, whichever is applicable, a Notice of Challenge.
16.5. 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 16.1 or Rule 16.2 became known to that party.
16.6. The Notice of Challenge shall state the reasons for the challenge.
16.7. While the challenge is pending, the Tribunal may continue the arbitration proceedings and make an Award.
16.8. When an Arbitrator has been challenged by one party, the other party may agree to the challenge. The Arbitrator may also, after the challenge, withdraw from his 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 6 read with Rule 14, shall be used for the appointment of a substitute Arbitrator.
RULE 17Decision on Challenge
17.1. If the other party does not agree to the challenge under Rule 16 and the challenged Arbitrator does not withdraw, the party who brought the challenge may refer the matterto the Chairman for the Chairman to make a decision on the challenge.
17.2. If the Chairman sustains 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 6 read with Rule 14.
17.3. The decision of the Chairman under Rule 17.1 shall not be subject to any appeal.
RULE 18Removal of the Tribunal
18.1. A court of competent jurisdiction may, on the application of a party, remove an Arbitrator:
a. who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his ability to do so; or
b. who has refused or failed to use all reasonable dispatch in conducting the arbitration or making an Award.
18.2. The Arbitrator(s) concerned is entitled to appear and be heard at the hearing of the application to remove him.
18.3. Upon the removal of the Arbitrator, a substitute Arbitrator shall be appointed; Rule 6 read with Rule 14 similarly applies.
RULE 19Conduct of the Proceedings in the Event of the Substitution of Arbitrator(s)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.
RULE 20Jurisdiction of the Tribunal
In addition to the jurisdiction to exercise the powers defined elsewhere in these Rules or any applicable statute for the time being in force, the Tribunal shall have jurisdiction to:
a. rule on its own jurisdiction;
b. determine all disputes arising under or in connection with the transaction or the subject of reference, having regard to the scope of the arbitration agreement and any question of law arising in the arbitration;
c. receive and take into account such written or oral evidence as it shall determine to be relevant; and
d. proceed with the arbitration and make an Award notwithstanding the failure or refusal of any party to comply with these Rules or with the Tribunal’s written orders or written directions, or to exercise its right to present its case but only after giving that party written notice that it intends to do so.
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 determined by the conflict of laws rules which it considers applicable.
RULE 22Juridical Seat of Arbitration
22.1. Unless otherwise agreed by the parties, the juridical seat of arbitration shall be Singapore. Where the seat of the arbitration is Singapore, the law of the arbitration under these Rules shall be Singapore law and the Act.
22.2. An Award made under these Rules shall be deemed to be made in the juridical seat of arbitration.
22.3. Regardless of the seat of the arbitration, all physical hearings and meetings of the arbitration shall be held in Singapore save where parties agree otherwise or where theTribunal directs.
RULE 23Language of Arbitration
Unless otherwise agreed by the parties and theTribunal, the language of the arbitration shall be English.
24.1. If required, one or both of the parties may appoint an interpreter with the leave of the Tribunal.
24.2. The interpreter shall be independent of both parties and the party appointing the interpreter shall pay for the interpreter’s fees.
24.3. If the interpreter is appointed by both parties,the fees will be shared by both parties in suchproportion as the Tribunal may determine.
RULE 25Conduct of the Proceedings
25.1. The Tribunal shall have the widest discretion allowed by the Act (where the seat of the arbitration is Singapore) or the applicable law (where these at of the arbitration is outside Singapore) to ensure the just, expeditious, economical and final determination of the dispute.
25.2. Subject to these Rules, it shall be for the Tribunal to decide the arbitration procedure, including all procedural and evidential matters subject to the right of the parties to agree to any matter.
25.3. 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, both parties must complete the Questionnaire set out in Schedule A. Every such Questionnaire must contain the declaration set out at the end of the Questionnaire below, which shall be signed by a properly authorized officer of the party on whose behalf it is served. Completed Questionnaires must be delivered to the Tribunal and the other party within 14 days after the time fixed for the service of the Statement of the Claimant’s Reply.
RULE 26Communications between Parties and the Tribunal
26.1. Where the Tribunal sends any written communication to one party, it shall send a copy of it to the other party or parties as the case may be.
26.2. Where a party sends any written communication (including statements, expert reports or evidentiary documents) to the Tribunal, the same shall be copied to the other party or all other parties, whichever is applicable, and show to the Tribunal that the same has been so copied.
26.3. Where the Tribunal consists of more than one Arbitrator, any communication to the Tribunal must be sent to each of the Arbitrators.
RULE 27Party RepresentativesAny party may be represented by persons of their choice, subject to such proof of authority as the Tribunal may require. The names and addresses of such representatives shall be notified to the other party or parties.
28.1. Unless the parties have agreed on a documents-only arbitration or that no hearing should be held, the Tribunal shall hold a hearing for the presentation of evidence by witnesses, including expert witnesses, or for oral submissions.
28.2. TheTribunal shall fix the date, time and place of any meetings and hearings in the arbitration, and shall give the parties reasonable notice thereof.
28.3. Prior to the hearing, the Tribunal may provide the parties with a list of matters or questions to which it wishes them to give special consideration.
28.4. In the event that a party to the proceedings, without sufficient cause, fails to appear at a hearing of which the notice has been given, the Tribunal may proceed with the arbitration and make the Award.
28.5. All meetings and hearings shall be in private unless the parties agree otherwise.
29.1. For a hearing of up to 10 days, there shall be payable to the Tribunal a booking fee of such sum per Arbitrator as the Chamber may from time to time decide, for each day reserved. The booking fee will be invoiced to the party asking for the hearing date to be fixed or to the parties in equal shares at the discretion of the Tribunal and shall become due and shall be paid within 14 days of confirmation of the reservation or 6 months in advance of the first day reserved(“the start date”), whichever date be later. If the fee is not paid in full by the due date, the Tribunal will be entitled to cancel the reservation forthwith without prejudice to its entitlement to be paid the fee in question or the appropriate proportion thereof in accordance with Rule 29.4 below. In the event of a cancellation under this provision, either party may secure reinstatement of the reservation by payment within7 days of any balance outstanding.
29.2. For hearings of over 10 days, the booking fee in Rule 29.1 above shall for each day reserved, be increased by 30% in the case of a hearing of up to 15 days and 60% in the case of a hearing of up to 20 days and may, at the discretion of the Tribunal, be subscribed in non- returnable instalment payments. For hearings in excess of 20 days, the booking fee shall be at the rate for a hearing of 20 days plus such additional sum as may be agreed with the parties in the light of the length of the proposed hearing.
29.3. The booking fee for any third Arbitrator shall be due and payable as above, save that the booking fee due to any third Arbitrator appointed less than 6 months before the start date shall be due forthwith upon his appointment and payable within 14 days thereof.
29.4. When a hearing is adjourned or a hearing date is vacated prior to or on or after the start date due to the following:-
a. at the request of one or both of the parties, or
b. by reason of settlement of any dispute, or
c. by reason of cancellation pursuant to Rule29.1 above or
d. by reason of the indisposition or death of any Arbitrator;
then, unless non-returnable instalment or other payments have been agreed, the booking fee will be retained by (or, if unpaid, shall be payable to) the Tribunal either in full, if the date is adjourned or vacated less than 3 months before the start date, or 50% if the date is adjourned or vacated 3 months or more before the start date. Any interlocutory fees and expenses incurred will also be payable or, as the case may be, deductible from any refund if the date is adjourned or vacated 3 months or more before the start date.
29.5. Where, at the request of one or both of the parties, or by reason of the indisposition or death of any Arbitrator, a hearing is adjourned or a hearing date is vacated and a new hearing date is fixed, a further booking fee will be payable in accordance with Rule 29.1 and Rule 29.2 above.
29.6. An Arbitrator who, following receipt of his booking fee or any part thereof is for any reason replaced is, upon settlement of his fees for any interlocutory work, responsible for the transfer of his booking fee to the person appointed to act in his place. In the event of death, the personal representative shall have corresponding responsibility.
30.1. TheTribunal may require each party to give notice of the names and designations of the witnesses he intends to call at any hearing.
30.2. No party shall adduce expert evidence without the leave of the Tribunal.
30.3. Any witness who gives evidence may be questioned by each party or its representative subject to any rulings made by the Tribunal.
30.4. A witness may be required by the Tribunal to testify under oath or affirmation.
30.5. Subject to such order or direction which the Tribunal may make, the testimony of witnesses may be presented in written form, either as signed statements or by duly sworn/affirmed affidavits. If a witness does not attend the hearing to give oral evidence, the Tribunal may place such weight on his written testimony as it thinks fit.
30.6 The Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence given by any witness.
RULE 31Experts Appointed by the Tribunal31.1. Unless otherwise agreed by the parties, the Tribunal may:
a. appoint one or more experts to report to the Tribunal on specific issues; and/or
b. require a party to give any such expert any relevant information or to produce and provide access to any relevant documents, goods or property for inspection by the expert.
31.2. Unless otherwise agreed to by the parties, if a party so requests or if the Tribunal deems it fit, the expert shall, after delivery of his written or oral report, participate in a hearing, at which the parties may question him and to present expert witnesses in order to testify on the points at issue.
31.3. Rule 31.2 above shall not apply to an assessor appointed by agreement of the parties, or to an expert appointed by the Tribunal to advise solely in relation to procedural matters.
RULE 32Closure of Proceedings32.1. The Tribunal shall at an appropriate stage declare the proceedings closed and proceed to an Award.
32.2. The Tribunal may also, in view of exceptional circumstances, reopen the proceedings at any time before the Award is made.
RULE 33Additional Powers of the Tribunal33.1. In addition to the powers conferred by the Act or the applicable law at the juridical seat of arbitration, the Tribunal shall also have the power to:
a. allow any party, upon such terms (as to costs and otherwise) as it shall determine, to amend claims or counterclaims;
b. extend or abbreviate any time limits provided by these Rules;
c. conduct such enquiries as may appear to the Tribunal to be necessary or expedient;
d. order the parties to make any property or thing available for inspection;
e. 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, custody or power which the Tribunal determines to be relevant;
f. order samples to be taken from, or any observation to be made from or experiment conducted upon, any property which is or forms part of the subject matter of the dispute;
g. make orders or give directions to any party for interrogatories; and
h. make such orders or give such directions as it deems fit in so far as they are not inconsistent with the Act or any statutory re-enactment thereof (if applicable) or such law which is applicable or these Rules.
33.2. If the parties so agree, the Tribunal shall also have the power to add other parties (with their consent) to the arbitration and make a single Final Award determining all disputes between them.
33.3. Where two or more arbitrations appear to raise common issues of fact or law, the Tribunals shall have the power to direct that the two or more arbitrations shall be heard concurrently and where such an order is made, the Tribunals may give such directions as the interests of fairness, economy and expedition require, including:
a. that the documents disclosed by the parties in one arbitration shall be made available to the parties to the other arbitration upon such conditions as the Tribunals may determine; and/or
b. that the evidence given in one arbitration shall be received and admitted in the other arbitration, subject to all parties being given a reasonable opportunity to comment upon it and subject to such other conditions as the Tribunals may determine.
RULE 34Decision Making by the TribunalWhere 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. 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.
RULE 35Preliminary MeetingsThe Tribunal may decide at any stage that the circumstances of the arbitration require that a preliminary meeting be convened. The purpose of the preliminary meeting(s) would include, to enable the parties and the Tribunal to set out the procedure of the arbitration, review the progress of the arbitration; to reach agreement so far as possible upon further preparation for, and the conduct of the hearing; and, where agreement is not reached, to enable the Tribunal to give such directions as it thinks fit.
36.1. Unless all parties agree otherwise, the Tribunal shall make its Award in writing within 3 months from the date on which the proceedings are closed and shall state the reasons upon which its Award is based. The Award shall state its date and shall be signed by the Tribunal or a majority of the Tribunal.
36.2. The Tribunal may make interim Awards or separate Awards on different issues at different times.
36.3. All Awards shall be issued by the Tribunal or by a majority of the Tribunal in accordance with Rule 34.
36.4. By agreeing to arbitration under these Rules, the parties undertake to carry out the Award without delay.
36.5. The members of a Tribunal need not meet together for the purpose of signing their Award or for effecting any corrections thereto.
36.6. As soon as practicable after an Award has been made it shall be notified to the parties by the Tribunal serving on them, a notice in writing which shall inform the parties of the amount of the fees and expenses of the Tribunal, and which shall indicate that the Award is available for sending to, or collection by the parties upon full payment of such amount. At the stage of notification, neither the Award nor any copy thereof need be served on the parties and the Tribunal shall be entitled thereafter to refuse to deliver the Award or any copy thereof to the parties except upon full payment of its fees and expenses.
36.7. If any Award has not been paid for and collected within one month of the date of publication, the Tribunal may give written notice to either party requiring payment of the costs of the Award, whereupon such party shall be obliged to pay for and collect the Award within 14 days.
36.8. The Tribunal shall send a copy of the Award to the Chamber within 14 days from the date of collection by one of the parties.
36.9. Unless any party, by a notice in writing, informs the Chamber of its objection to publication within 60 days of the publication 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.
36.10. The fee for authenticating arbitration Awards is S$ 150 and should be paid to SCMA.
RULE 37Currency and Interest37.1. The Tribunal may make an Award in any currency as it considers just.
37.2. 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 just.
38.1. Within 30 days after the receipt of the Award, either party, with notice to the other party, may request the Tribunal to make an additional Award as to claims presented in the arbitral proceedings but omitted from the Award.
38.2. If the Tribunal considers the request for an additional Award to be justified and considers that the omission can be rectified without any further hearings or evidence, 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.
RULE 39Correction of Awards and Additional Awards39.1. 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 the Tribunal to correct the Award, any errors in computation, any clerical or typographical errors or any errors of similar nature.
39.2. If the Tribunal considers the request to be justified, it shall make the correction(s) within 30 days of receiving the request. Any correction shall be notified in writing to the parties and shall become part of the Award.
39.3. The Tribunal may correct any error of the type referred to in Rule 39.1 above on its own initiative within 30 days of the date of the Award.
40.1. If, before the Award, not being a partial Award, is made; the parties agree on a settlement of the dispute, 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 arbitral Award on agreed terms. The Tribunal is not obliged to give reasons for such an Award.
40.2. The parties shall:
a. notify the Tribunal immediately if the arbitration is settled or otherwise terminated;
b. make provision in any settlement for payment of the costs of the arbitration.
40.3. If the continuation of the arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in Rule 40.1 above, before the Award is made, 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.
40.4. Copies of the order for termination of the arbitral proceedings or of the arbitral Award on agreed terms, signed by the Tribunal, shall be communicated by the Tribunal to the parties.
41.1. The Tribunal shall specify in the final Award, the costs of the arbitration and decide which party shall bear them and in what proportion they shall be borne.
41.2. “Costs of the arbitration” shall include:
a. the fees and expenses of the Tribunal; and
b. the costs of expert advice or of other assistance rendered.
41.3. The Tribunal has power to order in its Award that all or part of the legal or other costs of one party shall be paid by the other party. The Award shall fix such costs or direct the costs be taxed by the Tribunal if not agreed by the parties.
41.4. When deciding which party shall bear the costs of the arbitration and the legal or other costs of the parties and the amounts of such costs, the Tribunal may take into account any unreasonable refusal by a party to participate in mediation.
RULE 42Fund Holding Terms and Charges:42.1. A Fund Holding fee of S$1,200 per annum is payable to SCMA (not pro-rated);
42.2. A transaction fee of S$100 per transaction (excluding disbursements and/or bank charges with charges being borne by depositors) is payable to SCMA;
42.3. Interest, if any, on the deposit to accrue to the benefits of the depositors;
42.4. SCMA shall be free from any liability with respect to the funds held when acting on the instructions of the Tribunal.
42.5. The SCMA fund holding fee of S$ 1,200 per annum is payable on the date of receipt of the funds by SCMA and every year thereafter. Termination of the fund holding at any part of the year shall be considered a full year for purposes of the fund holding fee. Unless otherwise instructed, the SCMA fund holding fee, transaction fee and other disbursements incurred (if any) will be deducted from the fund holding account.
A 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.
The parties and the Tribunal shall at all times treat all matters relating to the arbitration (including the existence of the arbitration) and the Award as confidential. A party or any Arbitrator 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 such matter except:
a. for the purpose of making an application to any competent court;
b. for the purpose of or in relation to an application to the courts of any State to enforce the Award;
c. pursuant to the order of a court of competent jurisdiction;
d. in compliance with the provisions of the laws of any State which is binding on the party making the disclosure; or
e. in compliance with the request or requirement of any regulatory body or other authority which, if not binding, nonetheless would be observed customarily by the party making the disclosure.
RULE 45Exclusion of Liability45.1. The Tribunal, the Chairman, the Chamber and any of its officers, employees or agents shall not be liable to any party for any act or omission in connection with any arbitration conducted under these Rules.
45.2. After the Award has been made and the possibilities of correction and additional Awards have lapsed or been exhausted, neither the Tribunal nor the Chairman 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 Chairman or the Chamber or any of its officers, employees or agents a witness in any legal proceedings arising out of the arbitration.
RULE 46Small Claims ProcedureApplication
46.1. The expedited procedure set out in this Rule shall apply if the aggregate amount of the claim and/or counterclaim in dispute is less than US$150,000 (excluding interest and costs) or is unlikely to exceed US$150,000(excluding interest and costs).
46.2. This Rule may also apply to any claim in excess of US$150,000 (excluding interest and costs) if the parties agree in writing that the claim shall be dealt with under this Rule.
46.3. This Rule shall not apply if the parties expressly agree that this Rule shall not apply to that arbitration.
Time Abridgement
46.4. For the purposes of service of case statement(s) referred to in Rule 8, the time limit for each statement shall be reduced to 14 days.
Summary Determination
46.5. The Tribunal shall as soon as practicable, proceed to give directions for the determination of the matters in issue summarily.
46.6. Unless the Tribunal so requires, there shall be no oral hearing. The oral hearing if so directed shall be held for arguments only and the Tribunal may allocate and limit the time for such a hearing.
46.7. Unless the Tribunal requires the production of any document or class of documents it considers relevant for the determination of the matters in dispute, no party may seek any order for discovery, further particulars or interrogatories.
46.8. The Tribunal may draw such inferences from any document disclosed or not disclosed as the Tribunal deems appropriate.
Time for Making Award
46.9. The Tribunal shall issue the Award within 21 days either from the date of receipt of all parties’ Statement of Case or, if there be an oral hearing, from the close of the oral hearing.
46.10. No reason need be given for an Award made under this procedure.
Appointment of Arbitrator(s)
46.11. Notwithstanding Rule 6.1, a sole Arbitrator shall be appointed unless parties otherwise agree.
46.12. The fees of the Arbitrator(s) shall be capped at US$5,000 or, if there is a counterclaim, US$8,000 in total per Arbitrator (which for small claims, it is usually a sole Arbitrator).
Costs
46.13. 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$7,000, or if there is a counterclaim, US$ 10,000 in total for each party’s lawyers.
Applicability of Rules
46.14. Save as expressly provided for or modified by this Rule, all other provisions of the Rules shall apply mutatis mutandis to arbitration under the procedure set out in this Rule.
RULE 47SCMA Expedited Arbitral Determination of Collision Claims (SEADOCC)47.1. Parties seeking a determination of a dispute arising out of a collision may agree to refer the dispute to the terms of SEADOCC as set out in Schedule B.
47.2. Cost and Fees
a. 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.
b. 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.
RULE 48Singapore Bunker Claims Procedure (SBC Terms)The parties to any contract for the sale and/or supply of bunkers may agree that the Singapore Bunker Claims Procedure (SBC Terms) as set out in Singapore Standards Council SS600:2014 shall apply to any or all disputes arising out of or in connection with of the contract for the sale and/or supply of bunkers.
If a case is for any reason adjourned part-heard, the Tribunal will be entitled to an interim payment, payable in equal shares or otherwise as the Tribunal may direct, in respect of fees and expenses already incurred, appropriate credit being given for any fee relating to the booking of premises in connection with the arbitration.
RULE 50Service of DocumentsWhere a party is represented by a lawyer or other agent in connection with any arbitral proceedings, all notices or other documents required to be given or 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.
51.1. Three 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.
51.2. In relation to any matters not expressly provided for herein the Tribunal shall act in accordance with the spirit of these Rules.
RULE 52Amendment to RulesThese Rules may from time to time be amended by the Chamber.
RULE SCHEDULE A - Questionnaire(Information to be provided as required in Rule 25)
As far as possible, the procedural issues should be agreed by the parties. If agreement has been
possible, then this should be made clear in the answers to the Questionnaire.
- A brief note of the nature of the claim.
- Estimated quantum of the claim/ of any counterclaim.
- The main issues requiring determination raised by the claim and any counterclaim.
- Whether any amendments to the claim, defence or counterclaim are required?
- Whether any of the issues are suitable for determination as a preliminary issue?
- Whether there are there any areas of disclosure that remain to be dealt with?
- Whether the arbitration will be a documents-only arbitration or whether an oral hearing is required?
- What statement evidence is it intended to adduce and by when; and (if there is to be a hearing) what oral evidence will be adduced?
- What expert evidence is it intended to adduce by way of reports and/or oral testimony and by when will experts’ reports be exchanged?
- Estimated length of the hearing, if any.
- Which witnesses of fact and experts are likely to be called at the hearing, if there is to be one?
- Estimated costs of the party with a breakdown.
- Does either party consider that it is entitled to security for costs and, if so, in what amount?
- Does the party consider that the case is suitable for mediation?
DECLARATION (TO BE SIGNED BY A PROPERLY AUTHORISED OFFICER OF THE PARTY COMPLETING
THE QUESTIONNAIRE):
On behalf of the [Claimant/Respondent] I, the undersigned [name] being [state position in
organisation] and being fully authorised to make this declaration, confirm that I have read and
understood, and agree to, the answers given above.
…………………………………………… …………………………………………..
Signed Dated
RULE SCHEDULE B - SCMA EXPEDITED ARBITRAL DETERMINATION OF COLLISION CLAIMSTHE SEADOCC TERMS
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 [ ]
RULE SCHEDULE C - SCMA ARB-MED-ARB PROTOCOL (“SCMA AMA PROTOCOL”)1. This SCMA AMA Protocol shall apply to all disputes submitted for resolution under the SCMA
Arb-Med-Arb Clause or other similar clause (“SCMA AMA Clause”) and/or any dispute which
parties have agreed to submit for resolution under this SCMA AMA Protocol. Under the SCMA
AMA Protocol, parties agree that any dispute settled in the course of the mediation at the
Singapore Mediation Centre (“SMC”), Singapore International Mediation Centre (“SIMC”) or any
other recognized mediation institution (each of which known as the “Mediation Centre”) shall
fall within the scope of their arbitration agreement.
2. A party wishing to commence arbitration under the “SCMA AMA” Clause shall commence
arbitration under the SCMA Rules.
3. The parties will inform the Mediation Centre of the arbitration commenced pursuant to an
“SCMA AMA” Clause within 4 working days from the commencement of the arbitration, or
within 4 working days from the agreement of the parties to refer their dispute to mediation
under the “SCMA AMA” Protocol. The parties will send to the Mediation Centre a copy of the
notice of arbitration.
4. The Tribunal shall be constituted in accordance with the SCMA Rules and/or the parties’
arbitration agreement.
5. The Tribunal shall, after the exchange of the Notice of Arbitration and Response to the Notice of
Arbitration, stay the arbitration. The parties will send the Notice of Arbitration and the Response
to the Mediation Centre for mediation at the Mediation Centre. Upon the Mediation Centre’s
receipt of the documents, the Mediation Centre will inform the parties of the commencement
of mediation at the Mediation Centre (the “Mediation Commencement Date”) pursuant to
the relevant Mediation Rules applicable at the Mediation Centre. All subsequent steps in the
arbitration shall be stayed pending the outcome of mediation at the Mediation Centre.
6. The mediation conducted under the auspices of the Mediation Centre shall be completed within
8 weeks from the Mediation Commencement Date, unless, the parties in consultation with
the Mediation Centre extends the time. For the purposes of calculating any time period in the
arbitration proceedings, the time period will stop running at the Mediation Commencement
Date and resume upon notification by either party to the Tribunal of the termination of the
mediation proceeding.
7. At the termination of the 8-week period (unless the deadline is extended by the parties in
consultation with the Mediation Centre) or in the event the dispute cannot be settled by mediation
either partially or entirely at any time prior to the expiration of the 8-week period, the Mediation
Centre shall promptly inform the parties of the outcome of the mediation, if any.
8. In the event that the dispute has not been settled by mediation either partially or entirely,
either party may inform the Tribunal that the arbitration proceeding shall resume. Upon the
date of such notification to the Tribunal, the arbitration proceeding in respect of the dispute or
remaining part of the dispute (as the case may be) shall resume in accordance with the SCMA
Rules.
9. In the event of a settlement of the dispute by mediation between the parties, the Mediation
Centre shall inform the parties that a settlement has been reached. If the parties request the
Tribunal to record their settlement in the form of a consent Award, the parties shall refer the
settlement agreement to the Tribunal and the Tribunal may render a consent Award on the
terms agreed to by the parties.
Financial Matters
10. Parties shall also pay the Mediation Centre administrative fees and expenses for the mediation
(“Mediation Advance”) in accordance with the respective Mediation Centre’s Schedule of Fees
(“the Deposit”). The quantum of the Deposit will be determined by the Mediation Centre.
11. Where a case is commenced pursuant to the “SCMA AMA” Clause and where parties have
agreed to submit their dispute for resolution under the “SCMA AMA Protocol” before the
commencement of arbitration proceedings, the Mediation Advance shall be paid upon the
submission of the case for mediation at the Mediation Centre.
12. Any party is free to pay the Deposit of the other party, should the other party fail to pay its share.
The Mediation Centre shall inform the parties if the Deposit remains wholly or partially unpaid.
BUNKER CLAIMS
Note: The Singapore Bunker Claims Procedure is reproduced from SS 600:2014 with permission from SPRING Singapore.
All rights reserved by SPRING Singapore.
Copies of SS 600 are available from the Singapore Standards eShop at: www.singaporestandardseshop.sg
SINGAPORE BUNKER CLAIMS PROCEDURE (SBC TERMS)
RESOLUTION OF DISPUTES
M.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 “SBC Terms” or other means.
M.2
The “SBC Terms” are jointly formulated by the Singapore Shipping Association (SSA) with the Maritime and Port Authority of Singapore (MPA) and the Singapore Chamber of Maritime Arbitration (SCMA).
M.3
In the event of any dispute in respect of the quantity of bunkers delivered, a copy of each of the note 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” and the “Officer-in-charge, Marine Services Department, Maritime and Port Authority of Singapore” within 14 days after the bunker delivery.
M.4
In the event of any dispute in respect of the quality of bunkers delivered, a copy of the complaint with a copy of the BDN should be lodged with the "Executive Director, Singapore Shipping Association" and the "Officer in-charge, Marine Services Department, Maritime and Port Authority of Singapore" within 30 days (or such extended times as may be agreed between the parties) after the bunker delivery.
M.5
Upon receiving a copy of the note of protest or the complaint from any one of the two parties involved, the SSA will request them to advise within 14 days of lodging the dispute on their choice of action (s) to settle the dispute. This may be in one or more of the following ways:
a) To settle the dispute by negotiation or conciliation;
b) To settle the dispute through arbitration at the SCMA;
c) To lodge a police report;
d) To go for court litigation.
A copy of the correspondence shall be extended to the Officer-in-charge, Marine Services Department, MPA.
M.6
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.
M.7
EXAMPLE OF AN ARBITRATION CLAUSE
The following ia 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 at the Singapore Chamber of Maritime Arbitration (SCMA) in accordance with the Singapore Bunker Claims Procedure (”SBC” Terms) for the time being in force at the commencement of the arbitration which terms are deemed to be incorporated by reference into this clause.”
N.1
APPLICATION
N1.1
The provisions herein shall be referred to as the Singapore Bunker Claims Procedure (SBC Terms) and shall apply to
all disputes arising out or in connection with of any contact for the sale and/or supply of bunkers where parties
thereto expressly provide for or submit their dispute for arbitration under the SBC Terms. For the avoidance of
doubt, the International Arbitration Act (Cap 143A) shall apply to an arbitration conducted under the SBC Terms.
N1.2
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 N1.1 in Annex N.
N.2
Definitions
As used in the SBC Terms,
"MPA" refers to the Maritime and Port Authority of Singapore.
"Registrar" refers to the Registrar and includes the Assistant Registrar of the SCMA.
"SCMA" refers to the Singapore Chamber of Maritime Arbitration.
"SSA" refers to the Singapore Shipping Association.
"The Panel" refers to the current list of persons who may serve as arbitrators under these Rules.
"Tribunal" refers to the arbitrator or all the arbitrators where more than one is appointed.
N.3
Commencement
N3.1 A claimant under any agreement to which these provisions apply shall serve Notice thereof to the Registrar and all other potential parties to the arbitration giving the following particulars:
a) Full name and address of parties;
b) Full particulars of the arbitrator or arbitrators, if agreed upon;
c) Brief particulars of terms of contract;
d) Date of delivery and date on which delivery should have been made, if applicable, and a description of the supplying vessel(s);
e) Quantity in dispute or nature and circumstances of quality dispute;
f) Estimated amount of claim;
g) Amount and form of security provided, if applicable;
h) If applicable, the arbitration agreement or documents evidencing a submission of the dispute for arbitration under the SBC Terms.
N3.2 Every Notice shall be accompanied by the filing fee under N.10 in Annex N. N3.3 Upon receipt of Notice, the Registrar shall within 7 days thereof, set a time-table for filing and service of documents. Unless otherwise fixed by the Registrar, the following timetable shall apply:
a) Points of Claim to be filed within 14 days of the date of the Registrar's notification;
b) Points of Defence and Counterclaim to be filed within 14 days of service of Points of Claim;
c) Points of Reply and Defence to Counterclaim, if any, to be filed within 14 days of service of Points of Defence and Counterclaim.
N3.4 The date of receipt of Notice by the Registrar shall be deemed to be the date on which the arbitration has commenced.
N3.5 If the parties have not agreed to the appointment of the Tribunal, the Registrar shall, within 7 days of receipt of the Points of Defence and Counterclaim, appoint a Tribunal, as the case may be, from the Panel.
N3.6 In the absence of any agreement by the parties on the number of arbitrators, the Registrar shall appoint one arbitrator from the Panel.
N.4
Summary procedure
N4.1 For the expeditious disposal of claims, any party may, after the Notice is filed but before agreement on the appointment of any Tribunal, request that the dispute be disposed off summarily by the Registrar or a person to be appointed by him
(hereafter referred to as "request for summary proceedings").
N4.2 The request for summary proceedings must be in writing and must be made within 7 days of the receipt of Notice by the Registrar. A copy of the request must be served on all other parties to the dispute. N4.3 Upon receipt of the request for summary proceedings, the Registrar shall fix a date not later than 14 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 him or by another person and, if so, the name and address for service of that person.
N4.4 Any party may, not later than 2 clear days before the date for summary hearing, submit to the Registrar or the person appointed by him any documents which he would be relying on, together with written submissions, if any. Copies of the same shall forthwith be served on all other parties to the summary proceedings.
N4.5 At the summary hearing, the Registrar, or the person so appointed by him, 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. For this purpose, the Registrar or the person appointed by him shall have all the powers of an arbitrator or an arbitral tribunal under the laws of Singapore, and any decision of the Registrar or the person appointed by him shall have effect as a decision of such an arbitrator or arbitral tribunal.
N4.6 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;
b) in the opinion of the Registrar, it is not possible for a decision to be reached within 2 days of summary hearing.
N.5
Expedited arbitration
N5.1 Where a dispute is not disposed of summarily under N.4 in Annex N, the Registrar, or, where the parties have agreed on the appointment of a Tribunal, the Tribunal, shall make further directions for the determination of the issues in dispute by way of an expedited arbitration.
N.6
Powers
N6.1 Without prejudice to any powers elsewhere granted in these Terms or by virtue of any applicable law, the Tribunal 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 counterclaims.
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.
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.
N.7
Hearing
N7.1 Whenever possible documents should be agreed upon and the case shall proceed on the basis of documents, written submissions or oral arguments only.
N7.2 In the case of a hearing under the summary procedure under N.4 in Annex N, oral evidence shall not be presented.
N7.3 In the case of an expedited arbitration under N.5 in Annex N, parties may adduce oral evidence, and subject to such directions as the Tribunal may make, shall endeavour to complete the hearing within 2 days.
N7.4 The hearings shall be held at the SCMA or at such place as the Registrar shall designate.
N7.5 Any party may be represented by legal practitioners.
N.8
Award
N8.1 An award shall be in writing and may contain directions as regards the security lodged or furnished. Where the amount of the claim or counterclaim as appearing from the pleadings exceeds SGD 50,000, the Tribunal shall state its reasons for the award.
N8.2 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;
c) costs;
whether or not, claimed by any party.
N8.3 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.
N8.4 The Tribunal shall make an award within 14 days after close of hearing or where the case proceeds on documents or written submissions, from the final date when all documents or submissions are made.
N8.5 An award made by the Tribunal shall be delivered to the Registrar who shall transmit certified copies to the parties, the SSA and the MPA.
N8.6 N.8.5 in Annex N 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.
N.9
Security
N9.1 Any party disputing any claims made by the other may lodge with the SSA, an amount equivalent to not less than 11O % of the amount in dispute as security for the claim.
N9.2 Notice of lodgements of security amount shall be served on all parties and on the Registrar.
N9.3 Where security amount has been properly lodged, any claim for lien or charge based on any contract or arising out of the operation of any law or otherwise shall be deemed fully discharged. The security amount provided herein, excluding any interests accrued thereon, shall stand to the credit of the proceedings and shall be paid out in accordance with the terms of any award made thereunder. All interest accrued on the deposits of security amount shall be credited to SSA as contribution towards the administrative costs of this facility.
N.10
Fees
N10.1 Applicable fees payable shall be in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration (“SCMA Rules”) for the time being in force as the commencement of the arbitration. They are payable by the Claimants in the first instance but may be recoverable in accordance with the terms of the Award.
N.11
Arbitrators
N11.1 The SCMA shall, at all times, keep current a list of names of persons who may serve as arbitrators under these provisions.
N11.2 The SSA may from time to time suggest names to be added to or deleted from the list. All additions and deletions to the Panel shall be effective only with the concurrence of the MPA.
N11.3 The SSA may from time to time stipulate minimum qualifications for the appointment of arbitrators subject to the concurrence of the MPA.
N.12
General
N12.1 In 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.
N12.2 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 a single issue is involved in the dispute. Where the claim 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 for the time being in force.
N12.3 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 under N.3.1 in Annex N is served on the Registrar.
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 [ ]
SMALL CLAIMS PROCEDURE FEES/COSTS
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 US$5,000 or, if there is a counterclaim, US$8,000 in total per Arbitrator (which for 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$7,000, or if there is a counterclaim, US$ 10,000 in total for each party's lawyers.
SMALL CLAIMS PROCEDURE FEES/COSTS (PREVIOUS VERSION)
The Rules contain a small claims procedure (Rule 44) for claims unlikely to exceed USD75,000 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
USD3,000 or, if there is a counterclaim, USD5,000 in total per arbitrator (normally a sole arbitrator).
COSTS
Lawyers’ Maximum Recoverable Party and Party Costs: USD4,000, or if there is a counterclaim, USD5,000 in total 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
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