Rules and Guidelines For The Arbitration Proceedings

Rules and Guidelines for the Arbitration Proceedings
In this case, Moon X has approved the Singapore International Arbitration Centre (SIAC) for the initiation of arbitration involving the
dispute with BSRC. Therefore, the seat of arbitration will be Singapore.
As per the information provided, the arbitration clause specifies that the seat of arbitration is Mumbai under the SIAC institution.
However, Moon X has approved SIAC for the arbitration, and SIAC is an international arbitration institution based in Singapore.
Therefore, the seat of arbitration will be Singapore, and SIAC rules and guidelines will be applicable to the arbitration process.
To summarize:
 Seat of Arbitration: Singapore

 Applicable Arbitration Rules: SIAC (Singapore International Arbitration Centre) rules and guidelines
 Applicable law of contract: English law (as specified in the contract)
SIAC Rules 2016
Jurisdiction of the Tribunal

1 If any party objects to the existence or validity of the arbitration agreement or to the
competence of SIAC to administer an arbitration, before the Tribunal is constituted, the
Registrar shall determine if such objection shall be referred to the Court. If the Registrar so
determines, the Court shall decide if it is prima facie satisfied that the arbitration shall proceed.
The arbitration shall be terminated if the Court is not so satisfied. Any decision by the Registrar
or the Court that the arbitration shall proceed is without prejudice to the power of the Tribunal
to rule on its own jurisdiction.
2 The Tribunal shall have the power to rule on its own jurisdiction, including any objections with
respect to the existence, validity or scope of the arbitration agreement. An arbitration
agreement which forms part of a contract shall be treated as an agreement independent of the
other terms of the contract. A decision by the Tribunal that the contract is null and void shall
not entail ipso jure the invalidity of the arbitration agreement, and the Tribunal shall not cease
to have jurisdiction by reason of any allegation that the contract is non-existent or null and
void.
3 Any objection that the Tribunal:
a. does not have jurisdiction shall be raised no later than in a Statement of

Defence or in a Statement of Defence to a Counterclaim; or
b. is exceeding the scope of its jurisdiction shall be raised within 14 days
after the matter alleged to be beyond the scope of the Tribunal’s
jurisdiction arises during the arbitral proceedings.
The Tribunal may admit an objection raised by a party outside the time limits under this Rule
28.3 if it considers the delay justified. A party is not precluded from raising an objection under
this Rule 28.3 by the fact that it has nominated, or participated in the nomination of, an
arbitrator.
4 The Tribunal may rule on an objection referred to in Rule 28.3 either as a preliminary question
or in an Award on the merits.
5 A party may rely on a claim or defence for the purpose of a set-off to the extent permitted by
these Rules and the applicable law.
Applicable Law
31.1 The Tribunal shall apply the law or rules of law designated by the parties as applicable to the
substance of the dispute. Failing such designation by the parties, the Tribunal shall apply the
law or rules of law which it determines to be appropriate.
31.2 The Tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have
expressly authorised it to do so.
31.3 In all cases, the Tribunal shall decide in accordance with the terms of the contract, if any, and
shall take into account any applicable usage of trade.
Conduct of the Proceedings

19.1 The Tribunal shall conduct the arbitration in such manner as it considers appropriate, after
consulting with the parties, to ensure the fair, expeditious, economical and final resolution of
the dispute.
19.2 The Tribunal shall determine the relevance, materiality and admissibility of all evidence. The
Tribunal is not required to apply the rules of evidence of any applicable law in making such
determination.
19.3 As soon as practicable after the constitution of the Tribunal, the Tribunal shall conduct a
preliminary meeting with the parties, in person or by any other means, to discuss the
procedures that will be most appropriate and efficient for the case.
19.4 The Tribunal may, in its discretion, direct the order of proceedings, bifurcate proceedings,
exclude cumulative or irrelevant testimony or other evidence and direct the parties to focus
their presentations on issues the decision of which could dispose of all or part of the case.
19.5 Unless otherwise agreed by the parties, the presiding arbitrator may make procedural rulings
alone, subject to revision by the Tribunal.
19.6 All statements, documents or other information supplied to the Tribunal and/or the Registrar by
a party shall simultaneously be communicated to the other party.
19.7 The President may, at any stage of the proceedings, request the parties and the Tribunal to
convene a meeting to discuss the procedures that will be most appropriate and efficient for the
case. Such meeting may be conducted in person or by any other means.
Seat of the Arbitration

21.1 The parties may agree on the seat of the arbitration. Failing such an agreement, the seat of
the arbitration shall be determined by the Tribunal, having regard to all the circumstances of
the case.
21.2 The Tribunal may hold hearings and meetings by any means it considers expedient or
appropriate and at any location it considers convenient or appropriate.
Language of the Arbitration
22.1 Unless otherwise agreed by the parties, the Tribunal shall determine the language to be used
in the arbitration.
22.2 If a party submits a document written in a language other than the language(s) of the
arbitration, the Tribunal, or if the Tribunal has not been constituted, the Registrar, may order
that party to submit a translation in a form to be determined by the Tribunal or the Registrar.

Rules and Guidelines For The Arbitration Proceedings

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Rules and Guidelines for the Arbitration Proceedings

 Seat of Arbitration: Singapore

SIAC Rules 2016

Jurisdiction of the Tribunal

a. does not have jurisdiction shall be raised no later than in a Statement of

Conduct of the Proceedings

Seat of the Arbitration

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