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Arbitration Rules Of The Singapore Chamber Of Maritime Arbitration

Rule 28
28. Party Representatives
  Any 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.

Rule 29
29. Hearings
 
29.1. Unless the parties have agreed on documents-only arbitration, the Tribunal shall hold a hearing for the presentation of evidence by witnesses, including expert witnesses, or for oral submissions.
29.2. The Tribunal shall fix the date, time and place of any meetings and hearings in the arbitration, and shall give the parties reasonable notice thereof.
29.3. 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.
29.4. 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 may make the Award after the party present has submitted evidence to prove its case.
29.5. All meetings and hearings shall be in private unless the parties agree otherwise.

Rule 30
30. Arbitration on Documents
 
30.1. The dispute may be decided without an oral hearing if the Tribunal so decides or if it is so agreed by the parties.
30.2. If it is so agreed by the parties, the Tribunal shall be promptly informed by either of the parties, as soon as is practicable. The Tribunal shall also be promptly informed if, at a later stage, the parties or either of them intend to apply for an oral hearing.

Rule 31
31. Witnesses
 
31.1. The Tribunal may require each party to give notice of the names and designations of the witnesses he intends to call.
31.2. No party shall call any expert witness without the leave of the Tribunal.
31.3. Any witness who gives evidence may be questioned by each party or its representative subject to any rulings made by the Tribunal.
31.4. A witness may be required by the Tribunal to testify under oath or affirmation.
31.5. 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 or affirmed affidavits.
31.6. Any party may require a witness to attend an oral examination at a hearing. If the witness fails to attend, the Tribunal may place such weight on the written testimony as it thinks fit, or may exclude it altogether.
31.7. The Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence given by any witness.

Rule 32
32. Experts Appointed by the Tribunal
 
32.1. Unless otherwise agreed by the parties, the Tribunal may:
  1. appoint one or more experts to report to the Tribunal on specific issues;
  2. require a party to give any such expert any relevant information or to produce, or to provide access to, any relevant documents, goods or property for inspection by the expert.
32.2. 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.
32.3. Rule 31.2 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 33
33. Closure of Hearings
 
33.1. The Tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, declare the hearings closed.
33.2. The Tribunal may also, in view of exceptional circumstances, reopen the hearings at any time before the award is made.

Rule 34
34. Additional Powers of the Tribunal
 
34.1. In addition to the powers conferred by the Act, the Tribunal shall also have the power to:
  1. allow any party, upon such terms (as to costs and otherwise) as it shall determine, to amend claims or counterclaims;
  2. extend or abbreviate any time limits provided by these Rules;
  3. conduct such enquiries as may appear to the Tribunal to be necessary or expedient;
  4. order the parties to make any property or thing available for inspection;
  5. order any parties 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;
  6. make orders or give directions to any party for interrogatories;
  7. 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 or such law which is applicable or these Rules.
34.2. If the parties so agree, the Tribunal shall also have the power to add other parties (with their consent) to be joined in the arbitration and make a single Final Award determining all disputes between them.

Rule 35
35. Decision Making by the Tribunal
 
35.1. Where a Tribunal has been appointed, any direction, order, decision or award of the Tribunal shall be made by the whole Tribunal or by a majority. 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.
35.2. If there is no unanimity or majority, the same shall be made by the presiding arbitrator alone as if acting as a sole arbitrator.
35.3. However, in the case of a three-member Tribunal the presiding arbitrator may after consulting the other arbitrators, make procedural rulings alone.

Rule 36
36. Deposits to Costs and Expenses
 
36.1. The Tribunal's fees and the management fees of the Chamber shall be ascertained in accordance with the Schedule of Fees which is current at the time of commencement of arbitration.
36.2. The Claimant shall deposit with the Chamber one-half of the fees payable at the time of filing of the Statement of Case. A Respondent who is making a counterclaim shall also deposit with the Chamber one-half of the fees payable at the time of filing the Statement of Respondent's Defence and Counterclaim. The balance of fees payable shall be paid 21 days before the date of hearing or on such other date that the Registrar may direct.
36.3. Where the amount of the claim or the counterclaim is not quantifiable at the time payment is due a provisional estimate will be made by the Registrar. The fees will be adjusted in the light of such information as may subsequently become available. If the arbitration is settled or disposed of without a hearing, the amount of the management fee shall be finally determined by the Registrar, who will have regard to all the circumstances of the case, including the stage of proceedings at which the arbitration is settled or otherwise disposed of.
36.4. The Registrar may from time to time direct parties to make one or more deposit(s) towards any further expenses incurred or to be incurred on behalf of or for the benefit of the parties.
36.5. All deposit(s) shall be made to and held by the Chamber. Any interest which may accrue on such deposit(s) shall be retained by the Chamber.
36.6. If a party fails to make the payments or deposits required or directed, the Tribunal may refuse to hear the claims, counterclaims or defence, whichever is applicable, by the non-complying party, although it may proceed to determine claims, counterclaims or defence by any party who has complied with orders.
36.7. The parties shall remain jointly and severally liable to the Chamber for payment of all such fees and expenses until they have been paid in full even if the arbitration is abandoned, suspended or concluded, by agreement or otherwise, before the final Award is made.

Rule 37
37. The Award
 
37.1. Unless all parties agree otherwise, the Tribunal shall make its Award in writing within 45 days from the date on which the hearing is 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.
37.2. The Tribunal may make interim awards or separate awards on different issues at different times.
37.3. All awards shall be issued through the Registrar.
37.4. The Tribunal shall deliver to the Registrar a number of originals of the Award sufficient for the parties and for filing with the Registrar.
37.5. The Registrar shall release the Award to the parties only upon the full settlement of the fees and expenses due to the Chamber.
37.6. By agreeing to have arbitration under these Rules, the parties undertake to carry out the Award without delay.

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