1.

Enhanced Emergency Arbitrator Procedures and Introduction of Protective Preliminary Orders

In SIAC arbitrations, parties requiring urgent interim relief before the formation of an arbitral tribunal can seek recourse through emergency arbitration. The 2025 Rules expand the timeframe to request emergency arbitration.

In particular, while the 2016 SIAC Arbitration Rules (the “2016 Rules”) allowed emergency arbitration requests only upon or after filing a notice of arbitration, the 2025 Rules now permit such requests prior to filing. However, in such cases, applicants must file a notice of arbitration within seven days of submitting the emergency arbitration application to SIAC. Failure to do so results in the application being deemed withdrawn.

Furthermore, the 2025 Rules introduce the ability to seek a “protective preliminary order.” This allows an applicant to request an order prohibiting actions that could undermine the purpose of urgent interim or conservatory measures, before the opposing party is notified of the emergency arbitration application. The emergency arbitrator must decide on the protective preliminary order application within 24 hours of appointment, and the applicant must deliver the application and order, along with all relevant case materials, to the other parties within 12 hours of receiving the preliminary order.
 

2.

Introduction of Coordinated Proceedings

The 2025 Rules introduce provisions for “coordinated proceedings,” which facilitate the efficient management of multiple arbitration cases that raise common legal or factual issues, provided that the same tribunal is constituted for these arbitrations.

The absence of explicit provisions for coordinated proceedings in the 2016 Rules meant that the consolidation of multiple arbitrations could only occur under stricter conditions, such as disputes arising from the same legal relationship or a series of transactions.

However, under the new coordinated proceedings framework, when two or more arbitrations involve the same arbitral tribunal and common legal or factual issues, the tribunal can, upon a party’s request, coordinate the proceedings in the following ways: (i) conduct the cases concurrently or sequentially, (ii) hear the arbitrations together and align procedural aspects, or (iii) suspend proceedings in one case pending a determination in another. Nonetheless, each arbitration under coordinated proceedings remains a separate proceeding with decisions and awards issued separately unless otherwise agreed by the parties.
 

3.

Introduction of Administrative Conference

The 2025 Rules introduce an “administrative conference,” conducted by the SIAC Registrar, to improve procedural efficiency. Previously, procedural and administrative matters were typically addressed by the arbitral tribunal after its constitution. The amendment allows the Registrar to convene administrative conferences prior to tribunal formation, addressing potential procedural or administrative issues in the early stages of arbitration.
 

4.

Promotion of Mediation and Other Amicable Dispute Resolution Methods

The 2025 Rules include provisions encouraging the use of mediation and other amicable dispute resolution methods. For instance, parties can express their views on mediation in their notice of arbitration or response. The tribunal is also empowered to discuss settlement possibilities through mediation at the first case management conference and to take necessary steps, including suspending the arbitration, to facilitate such processes.
 

5.

Introduction of Provisions Regarding Disclosure and Restrictions on Third-Party Funding

The 2025 Rules introduce specific provisions stipulating details regarding “third-party funding” (i.e., funding for arbitration proceedings, such as arbitration fees, by a third party that is not a party to the arbitration).

A party that receives third-party funding must disclose the existence of the third-party funding agreement, and the identity and contact details of the third-party funder. The tribunal has the authority to order the disclosure of such information, as well as the details on the third-party funder’s interest in the outcome of the proceedings.

Moreover, a party is prohibited from entering into a third-party funding agreement that could give rise to a conflict of interest with a member of the tribunal. In such cases, the tribunal may direct the party to withdraw from the third-party funding agreement.
 

6.

Other Key Amendments

The 2025 Rules also include amendments for efficient and effective proceedings in arbitration, such as (i) the introduction of a “streamlined procedure” for small claims, apart from the existing expedited procedure, and (ii) the establishment of more specific deadlines for the tribunal to submit draft awards to the Registrar (within 90 days of the last oral or written submission).