Resources

Authentication for Arbitration Awards

Procedures for Authenticating and Certifying SCMA Arbitral Awards

A) Procedure for authenticating original awards

1. In accordance with SCMA Rule 6.7, the Tribunal shall inform the SCMA of its appointment with 7 days of its appointment. When doing so the Tribunal is asked to provide the following information: names of the arbitrator(s) forming the Tribunal, the names of the lawyers representing the parties, brief nature of the dispute and approximate amount in dispute and the nationality of the parties, but not the names of the parties.

2. Within 7 clear working days of the Tribunal informing the SCMA of its appointment, the SCMA shall provide each member of the Tribunal with the SCMA case reference number.

3. In accordance with SCMA Rule 36, the Tribunal shall send a copy of the Award to SCMA within 14 days from collection by one of the parties. The Award shall state its date and be signed by a majority of the members of the Tribunal.

4. The Tribunal should mention the SCMA case reference number, but if not the SCMA should request this within 14 clear working days of the receipt of the copy of the Award.

5. As a precaution, the SCMA will within 14 clear working days of receipt of the copy of the Award, contact in writing or in person one of the members of the Tribunal for reconfirmation that this is an accurate and complete copy of the Award and that the Award has been collected.

6. A party to the arbitration or its appointed representative may apply in writing to the SCMA to authenticate the original Award. The applicant must provide an original of the signed Award and the SCMA case reference number.

7. Within 7 clear working days of receiving a complete application, the SCMA shall check that the original of the Award submitted is the same as the copy retained by the SCMA as per paragraph 3 above.

8. If the original Award is the same as per paragraph 7 above, the Registrar or Chairman of the SCMA shall authenticate the original Award within 7 clear working days of the SCMA receiving the complete application.

9. The SCMA shall retain a copy of the original Award that has been authenticated.

B) Procedure for certifying copies of the original Award

1. A party to the arbitration or its appointed representative may apply in writing to the SCMA for a certified copy of the original authenticated Award. The applicant must provide the SCMA case reference number.

2. If the SCMA has authenticated the original Award, within 7 clear working days of receiving a complete application, the SCMA shall provide a certified copy of the authenticated original Award.

3. If the SCMA has not authenticated the original Award, within 7 clear working days of receiving a complete application, the SCMA will decline to provide a certified copy until the original Award has been provided to the SCMA for authentication. The procedure for authentication is that in Part A above.

C) Procedure for authenticating the original arbitration agreement

1. A party to the arbitration or its appointed representative may apply in writing to the SCMA to authenticate the original arbitration agreement. When doing so the applicant must provide the original arbitration agreement together with either (i) written confirmation from a majority of the Tribunal that the arbitration agreement is the agreement under which the dispute was submitted to arbitration, or (ii) otherwise evidence this to the satisfaction of SCMA by reference to the agreement and to the Award.
2. Within 7 clear working days of receiving a complete application, the SCMA shall make a determination whether the original arbitration agreement is the agreement under which the dispute was submitted to arbitration.

3. If the SCMA makes a determination that the original arbitration agreement is the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall authenticate the original arbitration agreement within 7 clear working days of the SCMA receiving the complete application.

4. The SCMA shall retain a copy of the authenticated original arbitration agreement,

5. If the SCMA makes a determination the that the original arbitration agreement is not the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall so notify the applicant within 7 clear working days of the SCMA receiving the complete application. The SCMA is under no obligation to do so, but can give reasons to the applicant for its determination.

D) Procedure for certifying copies of the original arbitration agreement

1. A party to the arbitration or its appointed representative that applies to the SCMA to authenticate the original arbitration agreement, may also apply to the SCMA to certify copies of that agreement. The SCMA will certify copies of the agreement at the same time that it authenticates the agreement.

2. If the original arbitration agreement is not available, a party to the arbitration or its appointed representative may apply in writing to the SCMA to certify copies of the original arbitration agreement. When doing so the applicant must provide copies of the original arbitration agreement together with either (i) written confirmation from a majority of the Tribunal that the arbitration agreement is the agreement under which the dispute was submitted to arbitration, or (ii) otherwise evidence this to the satisfaction of SCMA by reference to the agreement and to the Award.

3. Within 7 clear working days of receiving a complete application, the SCMA shall make a determination whether the original arbitration agreement is the agreement under which the dispute was submitted to arbitration.

4. If the SCMA makes a determination that the original arbitration agreement is the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall certify the copy of the arbitration agreement within 7 clear working days of the SCMA receiving the complete application.

5. The SCMA shall retain a copy of the copy of the original arbitration agreement submitted.

6. If the SCMA makes a determination that the original arbitration agreement is not the agreement under which the dispute was submitted to arbitration, the Registrar or Chairman of the SCMA shall so notify the applicant within 7 clear working days of the SCMA receiving the complete application. The SCMA is under no obligation to do so, but can give reasons to the applicant for its determination.

Test v Test2

Any dispute may be subject to arbitration under the SCMA Arbitration Rules. While SCMA Arbitration Rules were designed to address the needs of the maritime community, many other sectors may benefit from the light-touch design of our arbitration rules.

Industriesthat are serviced by the SCMA Arbitration Rules include ship owning /chartering, marine insurance and P&I, international trade and commodities,and oil and gas.

There are no filing, administrative or other management fees payable to SCMA at any stage of an arbitration.

Established in 2004 under the SIAC, SCMA was independently reconstituted in 2009 and is funded by the Singapore Maritime Foundation and the Singapore maritime ecosystem.

SCMA is a not-for-profit arbitration institution established to serve the needs of the Singapore and regional maritime community.

Our patrons support our cause by subscribing as Individual Members (S$300 p.a.) or Corporate Members (S$1,200 p.a.). SCMA also levies a modest fee when parties requests for SCMA to act as appointing authority (S$1,500) or provide a fund holding service (S$1,200).

SCMA is also supported by the Singapore Maritime Foundation and the Singapore maritime cluster.

SCMA maintains close working contacts with regulators, judiciary, and academia and enjoys their support in the organization of its networking functions. We draw delegates from all the important segments in the maritime and legal community.

Members also get a chance to share and showcase their expertise and experience during our annual conference to enjoy high exposure not only for themselves but for their firms as well. There are ample sponsorship opportunities too.

SCMA also creates opportunities for members to join SCMA on our overseas marketing trips to promote SCMA and Singapore as an arbitral seat.

Our members can also meet one another and get acquainted with our Panel Arbitrators. Our members look forward to member-exclusive networking events such as Members’ Evening after our Annual General Meeting in June and an annual Industry Dinner in Q4.

Each party pays S$750 to SCMA. If full payment of S$1,500 is not received by SCMA, the party applying for appointment shall make full payment and seek recovery of S$750 through their claims from the other party.

SCMA will levy the Fund Holding Fee (S$1,200 p.a.) equally against any funds held in respect of that fund holding period (365 days commencing from receipt of first fund).

Here is a illustrative table:

Scenario	Deduction from	Amount
Only Claimant deposits	Claimant	S$1,200
Claimant and Respondent deposits within 364 days of each other	Claimant and Respondent	S$600 each
Respondent deposits 364 days after Claimant	[Fund holding period 1 Jan 2017 – 31 Dec 2017] Claimant	S$1,200
Respondent deposits 364 days after Claimant	[Fund holding period 1 Jan 2018 – 31 Dec 2018] Claimant and Respondent	S$600 each

*funds are held under R. 42 and are subject to the Practice Note on R. 42 (PN 01/2017)

Deduction of the fund holding fees are without prejudice to any award or order the Tribunal may make on the party liable for such fees.

Yes, subject to the arbitration or any other agreement between parties.

You will need to pay 1 Appointment Service Fee for each reference. If you have 4 references, you will need to pay 4 x Appointment Service Fee.

You may apply to the Registrar for a partial waiver if you are requesting an appointment to more than 4 references and where the parties are identical.

Yes. Under the International Arbitration Act (Cap. 143A), the Chairman and Registrar are persons appointed to authenticate any award or arbitration agreement or to certify copies thereof.

You may file a Notice of Arbitration by hand, registered post, courier service to our address at 28 Maxwell Road, #03-09 Maxwell Chambers Suites, Singapore 069120, or by e-mail to secretariat@scma.org.sg.

While there is no requirement under the SCMA Arbitration Rules to provide the Notice of Arbitration to SCMA, your feedback will enable SCMA to gauge the efforts of our efforts to promote Singapore as a destination for maritime arbitrations.

Having these figures will allow us to accurately deploy marketing resources and focus on developing in areas that will promote sustainable growth to the Singapore and regional maritime arbitration space.

However, you must provide SCMA with the Notice of Arbitration if you plan to invoke SCMA’s function as appointing authority or utilise the fund holding service.

Directly to the arbitrator.

Yes, where the aggregate quantum in dispute is under US$150,000, the SCMA Small Claims Procedure in Rule 46 will apply by default.

The Sole Arbitrator’s costs are capped at US$5,000 (US$8,000 with counterclaim), and may award costs capped at US$7,000 (US$10,000 with counterclaim). The sole arbitrator must render an award 21 days from the date of receipt of all parties’ Statements of Case, or from the close of any oral hearing.

Alternatively, parties proceed under the Small Claims Procedure by agreement.

Yes. SCMA only admits arbitrators who are maritime specialists to our panel. SCMA Panel Arbitrators specialise in one or more maritime disciplines and each Panel Arbitrator has a track record of at least 10 years in his or her field of speciality.

You may view our Panel of Arbitrators here.

· At least 10 years’ experience in a commercial, technical, or legal position(s) in one or more maritime disciplines

· Has knowledge of law relating to maritime commerce, navigation and maritime matters generally, arbitration practice and procedure

· Demonstrates an ability to draft reasoned awards in maritime disputes and has drafted at least two reasoned awards of a maritime nature

You do not need to be legally trained or admitted to the legal profession to be an arbitrator.SCMA Panel Arbitrators include master marines, naval officers, naval architects, quantity surveyors and engineers.

The SCMA Admissions Committee may in an exceptional circumstance admit an applicant whois able to demonstrate satisfactory compliance with the requirements through other means.

Please read the SCMA Panel Admission Guidelines. When you are ready, you may send your application and accompanying documents to secretariat@scma.org.sg.

SCMA recognises that our young aspiring arbitrators may not qualify for Panel admission despite their contributions to the Singapore maritime ecosystem.Young arbitrators who do not qualify for Panel admission may apply for admission to the SCMA Young Arbitrators Panel (SCMA YAP) upon fulfilling other requirements.

The SCMA Admissions Committee may in an exceptional circumstance admit an applicant who is able to demonstrate satisfactory compliance with the requirements through other means.

YAP members must participate in at least one SCMA event each calendar half-year(Jan – Jun, Jul - Dec) to maintain their admission status.

No.

We encourage parties appoint an arbitrator from our Panel of Arbitrators. Our Panel Arbitrator are experienced arbitrators with specialised knowledge in one or more maritime disciplines. Accordingly, we do not scrutinise SCMA Awards.

Both SCMA and SIAC are global arbitration institutions.

SCMA was established to serve the regional and international maritime community as Singapore’s specialist maritime arbitration institution while SIAC administers a wide range of commercial disputes.

SCMA does not charge parties a filing fee or ad-valorem administrative fees at any stage of an arbitration.

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SPECIMEN DIRECTIONS FOR VIRTUAL HEARINGS

EXPLANATORY NOTES TO VIRTUAL HEARINGS

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