THE ARBITRATION PROCESS
Claimant serves a written Notice of Arbitration to the Respondent.
RULE 4
Respondent shall serve a Response on the Claimant.
RULE 5
TIME FRAME
Within 14 days of
receiving the NOA
3 Arbitrators shall be appointed unless the parties have agreed otherwise.
Each party shall appoint 1 arbitrator, and the 2 Arbitrators thus appointed shall
appoint the third Arbitrator.
If parties agree a Sole Arbitrator is to be appointed, that Arbitrator shall be
appointed by parties' agreement. RULE 6
COST WINDOW
Payment of Arbitrator
Appointment Fee due
to Arbitrator upon
appointment (whether
appointed by parties
or by SCMA) RULE 6.5
The Chairman shall appoint the
Arbitrator upon the application with
payment of fees of any of the parties if:
A) A Party fails to appoint the Arbitrator
within 14 days of a receipt of a request to
do so from the other party
B) A Sole Arbitrator is to be appointed and
parties cannot agree on the appointment
within 14 days from the date of service of
the Notice of Arbitration
C) The 2 Arbitrators fail to agree on the
appointment of the Third Arbitrator within
14 days of their appointment
COST WINDOW
Letter of Appointment
released upon full
payment of
Appointment Service
Fee RULE 6.4
The Claimant shall deliver to the Tribunal and serve on the Respondent, a
Statement of Claimant’s Case.
RULE 8
TIME FRAME
30 days after the
appointment
of the Tribunal
The Respondent shall deliver to the Tribunal and serve on the Claimant, a
Statement of Respondent’s Defence and Counterclaim (if any).
TIME FRAME
Within 30 days after the
Service of the Statement
of Claimant’s Case
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. RULE 8
TIME FRAME
Within 30 days after
the Service of the
Statement of
Respondent’s Defence
Unless otherwise agreed, Parties shall serve a completed Questionnaire
(Schedule A) to the Tribunal and the other party.
RULE 25.3.
TIME FRAME
Within 14 days after
the time fixed for service
of the Statement of
the Claimant’s Reply.
Subject to these Rules, the Tribunal shall decide the arbitration procedure,
including all procedural and evidential matters subject to the right of the parties
to agree any matter. RULE 25.
The Tribunal shall at an appropriate stage declare the proceedings closed and
proceed to an Award. RULE 32
Unless all parties agree otherwise, the Tribunal shall make its reasoned Award
in writing. RULE 36
TIME FRAME
Within 3 months from the
date which the
proceedings are closed.
FEES
SCHEDULE OF FEES
|
AMOUNT
|
EXPLANATORY NOTE
|
APPOINTMENT FEE
|
SGD 500 per
appointment
|
This is paid to the arbitrator upon appointment
(whether appointed by parties or SCMA Chairman)
RULE 6.5
|
APPOINTMENT SERVICE FEE
|
SGD 1,500 per request
|
This is paid to SCMA to appoint an arbitrator for the
SCMA Chairman to appoint an arbitrator under
RULE 6.
|
BOOKING FEE FOR TRIBUNAL
|
SGD 1,500 per day
|
This is paid to the tribunal for each hearing day
reserved. RULE 6.6 & 29.
|
ARBITRATOR’S FEES
(Small Claims Procedure only)
|
USD 5,000 (claim only)
USD 8,000
(with counterclaim)
|
Per RULE 46.12.
|
AUTHENTICATION OF AN SCMA
ARBITRATION AWARDS
|
SGD 150 per award
|
Per RULE 36.10.
|
CERTIFYING A COPY OF AN
SCMA AUTHENTICATED AWARD
|
SGD 150 per award
|
Waived if a Request to Certify accompanies a
Request to Authenticate in respect of that
same Award.
|
FUND HOLDING
|
Fund holding fee -
SGD 1,200 per annum
Transaction Fee -
SGD 100 per transaction
|
Per RULE 36.10.
|
VIRTUAL HEARINGS
SPECIMEN DIRECTIONS FOR VIRTUAL HEARINGS
EXPLANATORY NOTES TO VIRTUAL HEARINGS
ARTICLES BY MEMBERSWe are pleased to introduce this page to our website to promote better interaction between ourselves. Members who have articles of potential interest should feel free to contribute to this page.
ARTICLE 94
“EVER GIVEN”/closure of Suez Canal
Briefing Note
Andrew Rourke & Chong Ik Wei Clyde & Co
ARTICLE 93
Ever Given – Insurance and Legal Implications
Philip TeohAzmi & Associates Malaysia
ARTICLE 92
Guidance From the Singapore High Court on the Interaction Between Insolvency and Admiralty Law and Resolution of Tensions Between the Two
Kelly YapOon & Bazul
ARTICLE 91
Law Bites – November 2020
Thong Ying Xuan Joseph Tan Jude Benny
ARTICLE 90
Singapore Court of Appeal Sheds Light on When Commercial Negotiations Can Give Rise to a Concluded Contract
Prakaash Silvam & Joshua TanOon & Bazul
ARTICLE 89
Maritime Singapore Ecosystem: What Next?
(First published in Horizon, MPA Academy e-newsletter (Nov 2020, Issue 8))
Punit OzaED, SCMA & MPAA Senior Adjunct Fellow
ARTICLE 88
Maritime Arbitration: A Brief Overview
(First published by the Singapore Maritime Foundation as part of their thought leadership series, ‘Voices of Maritime’)
Singapore Maritime Foundation
ARTICLE 87
Resolving Maritime Disputes Smartly & Effectively
(First published by the Singapore Maritime Foundation as part of their thought leadership series, ‘Voices of Maritime’)
Punit OzaExecutive Director, SCMA
ARTICLE 86
Ship Recycling in India and the recent enactment
of the Recycling of Ships Act, 2019
Amitava Majumdar, Rahul Miranda, Tripti SharmaBose & Mitra & Co.
ARTICLE 85
Impact of COVID-19 on Maritime Education and Way
Forward
Md Ikramul Hossain, Undergraduate,Bangladesh Marine Academy
ARTICLE 84
Force Majeure events during COVID-19
(This article is reproduced with permission from Sarah McCann at North P&I Club. It was originally published in their Signals 120 publication and online at: https://www.nepia.com/articles/force-majeure-events-during-covid-19/)
Sarah McCann North P&I Club
ARTICLE 83
Case Note on The Eternal Bliss Judgement
Gavin VallelyHFW Australia
ARTICLE 82
Major Relief for Steamer Agents: The Supreme Court Clarifies
The Position On Ground Rent Charges For Uncleared Cargo
Amitava Majumdar, Damayanti Sen, Tripti SharmaBose & Mitra & Co.
ARTICLE 81
Sevilleja v Marex: New Hope for Creditors of Impecunious Counterparties?
STEFFEN PEDERSEN & WILLIAM WILSONPENNINGTONS MANCHES COOPER
ARTICLE 80
Reducing Costs in your Maritime Arbitration at the SCMA
STEFFEN PEDERSENPenningtons Manches Cooper
ARTICLE 79
New Guiding Opinion from the Supreme People’s Court of the PRC: judicial precedents to play a more important role in the PRC’s future legal practices
(First published in Hong Kong Lawyer)
Lianjun Li, Cheryl YuReed Smith Richards Butler
ARTICLE 78
COVID-19: Recent Legal Responses and the Application of Force Majeure and Change of Circumstances in the PRC (First published in Hong Kong Lawyer)
Lianjun Li, Peter Glover, Cheryl YuReed Smith Richards Butler
ARTICLE 77
Hong Kong’s New Regime for Ship Leasing Tax Concessions
Lianjun Li, Peter Lee, Tat Pan, Arthur LamReed Smith Richards Butler
ARTICLE 76
Opinion on Liability of Steamer Agents to Pay Demurrage
Hari NarayanUnited Maritime Law Chambers
ARTICLE 75
"Want to Arbitrate at the SCMA? Get the Clause right..."
STEFFEN PEDERSENPenningtons Manches Cooper
ARTICLE 74
Case Update: CDI V CDJ [2020] SGHC 118
Magdalene Chew, Edwin Cai and Chengxi TanAsialegal LLC
ARTICLE 73
Serving the Maritime Ecosystem
(An extract from the 2021 edition of GAR’s The Asia-Pacific Arbitration Review,
first published in July 2020. The whole publication is available at https://globalarbitrationreview.com/
edition/1001508/the-asia-pacific-arbitration-review-)
Punit OzaExecutive Director, SCMA
ARTICLE 72
COVID-19: Collision Risk at Chittagong Port, Bangladesh
Mohammed Forrukh Rahman
ARTICLE 71
EU Law and Mediation
Mark Clough QCLux-Mediation
ARTICLE 70
Co-Mediation in Commercial Disputes
Lux-Mediation
ARTICLE 69
Arbitration and Digital Transformation: A Perfect Match
Svenja WachtelLegalRevolution
ARTICLE 68
Sanctions Compliance in the Shipping Industry
Mike SalthouseThe North of England P&I Association Limited
ARTICLE 67
The Correct Test for Determining What Law Governs an Arbitration Agreement
FRANCIS HORNYOLD-STRICKLAND
ARTICLE 66
The Go-Between: Resolving Disputes in Uncertain Times – A Mediator’s Perspective
David Owen QC & Angharad ParryTwenty Essex
ARTICLE 65
Prevention Principle & Notification Requirements to Move Delivery and Cancellation Dates – SAJ Form
Andrew DinsmoreTwenty Essex
ARTICLE 64
International Group P&I Club Letters of Indemnity Return to the Courts
Michael Ashcroft QC & Oliver CaplinTwenty Essex
ARTICLE 63
Implications of COVID-19 on Shipping Contracts: Time and Voyage Charterparties
Tommy Thomas Advocates & Solicitors
ARTICLE 62
Dispute Resolution and Mediation during the COVID-19 Disruption
Jonathan LuxLux-Mediation
ARTICLE 61
E-Dispute Resolution, World War C and the Ongoing Resolution of Maritime Disputes
Jonathan LuxLux-Mediation
ARTICLE 60
Restraining Winding-Up Proceedings in Favour of Arbitration:
What is the Standard for Granting an Injunction?
Kendall TanRajah & Tann Asia
ARTICLE 59
Soundbites - Various Decisions on Arbitration and Maritime Issues
K Murali PanyJoseph Tan Jude Benny LLP
ARTICLE 58
The Future is Now: International Mediation
Jonathan Lux
ARTICLE 57
How Do Sanctions Impact on Trade in the Black Sea Region
Arthur Nitsevych, Alex RemesloInterlegal Law Firm
ARTICLE 56
The Role of the Marine Surveyor- a P&I club’s perspective
Jason WeeCharles Taylor Mutual Management (Asia) Pte. Ltd
ARTICLE 55
The Indian Admiralty Act, 2017 - An Overview
Hari NarayanUnited Maritime Law Chambers, India
ARTICLE 54
The "Long Bright": Can An Arresting Party Freely Release An Arrested Vessel?
Chong Ik WeiClyde & Co Clasis Singapore
ARTICLE 53
International Arbitration in Indonesia Common Challenges
Paul Aston, Dwi Daruherdani, Suzanne Meiklejohn
ARTICLE 52
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 23 (English)
Prof.Kim In-Hyeon
ARTICLE 51
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 23 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 50
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 22 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 49
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 21 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 48
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 20 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 47
Force Majeure revisited
Mr Muthu Jagannath
ARTICLE 46
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 19 (English)
Prof.Kim In-Hyeon
ARTICLE 45
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 19 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 44
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 18 (English)
Prof.Kim In-Hyeon
ARTICLE 43
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 18 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 42
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 17 (English)
Prof.Kim In-Hyeon
ARTICLE 41
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 17 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 40
Shipping News Bulletin
QuadrantChambers
ARTICLE 39
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 16 (English)
Prof.Kim In-Hyeon
ARTICLE 38
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 16 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 37
Enforcement of commercial (maritime) foreign arbitral awards in Ukraine
Arthur NitsevychInterlegal Law
ARTICLE 36
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 15 (English)
Prof.Kim In-Hyeon
ARTICLE 35
JTJB April Legal Update 2016
Joseph Tan Jude Benny LLP
ARTICLE 34
Korea University Maritime Law Research Centre Maritime Law News Update - Vol 14 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 33
JTJB January Legal Update 2016
Joseph Tan Jude Benny LLP
ARTICLE 32
Korea University
Maritime Law Research Centre Maritime Law
News Update
- Vol 13 (English)
Prof.Kim In-Hyeon
ARTICLE 31
Korea University Maritime Law Research Centre
Maritime Law News Update - Vol 13 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 30
JTJB December Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 29
Korea University Maritime Law Research Centre
Maritime Law News Update - Vol 12 (English)
Prof.Kim In-Hyeon
ARTICLE 28
JTJB November Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 27
Korea University Maritime Law Research Centre
Maritime Law News Update - Vol 12 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 26
Court of Appeal Judgement in the OW Bunkers case
Stephen Hofmeyr QC7KBW Chambers
ARTICLE 25
Briefing on the Court of Appeal Decision in OW Bunkers
20 Essex Street
ARTICLE 24
JTJB October Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 23
JTJB September Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 22
JTJB August Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 21
JTJB July Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 20
JTJB June Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 19
Korea University Maritime Law Research Centre
Maritime Law News Update - Vol 11 (English)
Prof.Kim In-Hyeon
ARTICLE 18
Korea University Maritime Law Research Centre
Maritime Law News Update - Vol 11 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 17
JTJB May Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 16
JTJB April Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 15
Korean University
Maritime Law Research Centre Maritime Law
News Update
– Vol. 10 (English)
Prof.Kim In-Hyeon
ARTICLE 14
Korean University
Maritime Law Research Centre Maritime Law
News Update
– Vol. 10 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 13
2014 Review of Australian Shipping Cases
Mr. MatthewHarvey
ARTICLE 12
JTJB March Legal Update 2015
Joseph Tan Jude Benny LLP
ARTICLE 11
London Leading – A Mediator’s View on Mediation in arbitration
Mr JonathanLux
ARTICLE 10
Korean University
Maritime Law Research Centre Maritime Law
News Update
– Vol. 9 (English)
Prof.Kim In-Hyeon
ARTICLE 9
Korean University
Maritime Law Research Centre Maritime Law
News Update
– Vol. 9 (Chinese)
Prof.Kim In-Hyeon
ARTICLE 8
Arrest of Ships in the Black Sea Region
Mr Arthur Nitsevych
ARTICLE 7
A long arm for shipping's 'invisible hand'
Mr. Basil M.Karatzas
ARTICLE 6
FAIRPLAY Manhattan's tale of Two Cities
Mr. Basil M.Karatzas
ARTICLE 5
Australia Shipping Update - Wrecked ship "Tycoon" at Christmas Island
Mr Shane Bosma
ARTICLE 4
NYT The Global Downturn Weighs on Shipowners and Banks
Mr. Basil Basil M.Karatzas
ARTICLE 3
Making a Market
Mr. Basil M.Karatzas
ARTICLE 2
ME What's a Ship Worth_BLOC
Mr.Basil M.Karatzas
ARTICLE 1
What's in the value of a vessel?
Mr. Basil M.Karatzas
AWARDS
Authentication for Arbitration Awards Pursuant to section 192(2)(a) of the International Arbitration Act (IAA) and section 59A(2)(a) of the Arbitration Act (AA) as amended by the International Arbitration Act (Amendment) Act 2009, the Minister for Law has appointed the Registrar and Chairman of the Singapore Chamber of Maritime Arbitration to:
(a) authenticate the original award and certify copies thereof; and
(b) certify copies of the original arbitration agreement.
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.
FAQ
Expand all sections
QUESTION 01Who can use SCMA Arbitration Rules?
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.
QUESTION 02How much is the SCMA filing fee and/or administrative fees?
There are no filing, administrative or other management fees payable to SCMA at any stage of an arbitration.
QUESTION 03How is SCMA funded?
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.
QUESTION 04What are the benefits of SCMA membership?
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.
QUESTION 05Does SCMA act as Appointing Authority?
Yes.
QUESTION 06Who pays the Appointment Service Fee?
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.
QUESTION 07Does SCMA hold funds on behalf of parties and/or tribunal for its costs?
Yes.
QUESTION 08Who pays the Fund Holding Fee?
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
|
[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.
QUESTION 09Can SCMA appoint arbitrators in ad-hoc cases?
Yes, subject to the arbitration or any other agreement between parties.
QUESTION 10I have claims arising out of multiple arbitration references against the same party, and would like the Chairman of the SCMA to appoint an arbitrator to these proceedings. How many appointing service fees do I need to pay?
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.
QUESTION 11Does SCMA offer authentication and certification services?
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.
QUESTION 12How do I commence an SCMA Arbitration?
QUESTION 13How is a Notice of Arbitration filed?
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.
QUESTION 14How are arbitrator appointment fees paid?
Directly to the arbitrator.
QUESTION 15How are tribunal fees paid?
Directly to the arbitrator.
QUESTION 16Is there a summary procedure?
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.
QUESTION 17Does SCMA maintain a panel of arbitrators?
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.
QUESTION 18What are the substantive requirements for admission to the SCMA Panel of Arbitrators?
· 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.
QUESTION 20What if I do not meet the requirements for Panel admission?
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.
QUESTION 21Does SCMA scrutinise the Tribunal’s award?
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.
QUESTION 22What is the difference between SCMA (Singapore Chamber of Maritime Arbitration) and SIAC (Singapore International Arbitration Centre)?
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.
|
|