| 1. |
Definitions |
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| 1.1. |
These Rules shall be referred
to as "the SCMA Rules". |
| 1.2. |
In these Rules: |
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"Registrar" means the Registrar
or Assistant Registrar of the Singapore Chamber
of Maritime Arbitration. |
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"Act" means the International
Arbitration Act (Cap 143A) and any statutory re-enactment
thereof. |
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"Chairman" means the Chairman
of the Singapore Chamber of Maritime Arbitration. |
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"Chamber" means the Singapore
Chamber of Maritime Arbitration. |
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"SCMA Panel" means the
list of persons admitted to serve as arbitrators
under these Rules." |
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"SCMA Small Claims Procedure"
means the procedure for claims under the sum of
US$75,000 made under Rule 46. |
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"Tribunal" means either
a sole arbitrator or all arbitrators when more than
one is appointed. |
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| 2. |
Scope of Application |
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These Rules shall govern the
arbitration save that, where any of these Rules is in
conflict with a mandatory provision of the Act from which
the parties cannot derogate, that provision shall prevail.
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| 3. |
Notice, Calculation of Periods
of Time |
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| 3.1. |
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. |
| 3.2. |
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. |
| 3.3. |
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. |
| 3.4. |
The transmission is deemed
to have been received on the day of transmission. |
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| 4. |
Commencement of Arbitration |
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| 4.1. |
Any party wishing to commence
an arbitration under these Rules ("the Claimant")
shall file with the Registrar and serve on the other
party ("the Respondent"), a written Notice of Arbitration
("the Notice of Arbitration") which shall include
the following:
- a request that the dispute be referred to
arbitration;
- the names and addresses of the parties to
the dispute;
- a reference to the arbitration clause or any
separate arbitration agreement that is invoked;
- a reference to the contract out of, or in
relation to, which the dispute arises;
- a brief statement describing the nature and
circumstances of the dispute;
- the relief or remedy sought;
- a proposal as to the number of arbitrators
(i.e. one or three), if the parties have not
previously agreed on the number; and
- the name of the Claimant's nominated arbitrator.
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| 4.2. |
A filing fee of US$300
is payable at the time of filing the Notice of Arbitration. |
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For Template of Notice of Arbitration, click here.
| 5. |
Response by Respondent |
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| 5.1. |
Within 14 days of receipt
of the Notice of Arbitration, the Respondent shall
file with the Registrar and serve on the Claimant,
a Response including:
- a confirmation or denial of all or part of
the claims;
- a brief statement of the nature and circumstances
of any envisaged counterclaims;
- a comment in response to any proposals contained
in the Notice of Arbitration; and
- the name of the Respondent's nominated arbitrator.
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| 5.2. |
A filing fee of US$300
is payable at the time of filing the Response. |
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| 6. |
Filing of Case Statements |
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| 6.1. |
Within 30 days after the
filing of the Notice of Arbitration, the Claimant
shall file with the Registrar and serve on the Respondent,
a Statement of Claimant's Case. |
| 6.2. |
Within 30 days after the
Service of the Statement of Claimant's Case, the
Respondent shall file with the Registrar and serve
on the Claimant, a Statement of Respondent's Defence
and Counterclaim (if any). |
| 6.3. |
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 file with the Registrar
and serve on the Respondent, a Statement of Claimant's
Reply and if necessary, Defence to Counterclaim. |
| 6.4. |
No further case statements
shall be filed without the leave of the Tribunal
or if a Tribunal has not been appointed, the Registrar. |
| 6.5. |
The Tribunal or if a Tribunal
has not been appointed, the Registrar, may upon
the written application of a party, extend the time
limits provided under this Rule. |
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| 7. |
Contents of Case Statements |
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| 7.1. |
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.
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| 7.2. |
It shall thus:
- set out all items of relief or other remedies
sought together with the amount of all quantifiable
claims and detailed calculations;
- state fully its reasons for denying any allegation
or statement of the other party; and
- 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.
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| 7.3. |
A case statement shall
be signed by or on behalf of the party making it. |
| 7.4. |
Where a case statement
exceeds 30 pages (A4 size paper double spacing),
a synopsis of not more than 5 pages shall be attached. |
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