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Practice Note on the Appointment of Tribunal Secretaries (1 January 2025)
PN - 02/25 (1 January 2025)
I. Introduction
1. | This Practice Note shall govern the appointment of tribunal secretaries in all cases administered by the SIAC where either the date of commencement of the arbitration or the date of appointment of the tribunal secretary is on or after 1 January 2025. | ||||||||
2. | The SIAC Practice Note for Administered Cases – On the Appointment of Administrative Secretaries (PN – 01/15, 2 February 2015) shall not apply to any appointment of a tribunal secretary to which this Practice Note applies. | ||||||||
3. | In this Practice Note:
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4. | Headings are for reference only and are not to be used for the purpose of interpretation. | ||||||||
5. | Any singular noun shall be understood to refer to the plural in appropriate circumstances and vice versa. | ||||||||
6. | In the event of any discrepancy or inconsistency between the English version of this Practice Note and any other languages in which this Practice Note is published, the English version shall prevail. | ||||||||
7. | The Registrar shall have the power to interpret any provision of this Practice Note. |
II. Appointment of Tribunal Secretaries
Appointment and removal of the tribunal secretary
Duties and role of the tribunal secretary
Remuneration of the tribunal secretary
8. | Subject to applicable law, any governing arbitration rules, and this Practice Note, a tribunal may appoint a tribunal secretary at any stage of the arbitration. No tribunal secretary may be appointed unless:
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9. | Prior to appointment, a tribunal secretary shall sign a statement confirming the tribunal secretary’s independence, impartiality and availability, and shall disclose any circumstances which may give rise to justifiable doubts as to the tribunal secretary’s independence or impartiality. The form of the Tribunal Secretary Statement of Acceptance, Independence, Impartiality, and Availability (the “Tribunal Secretary Statement”) is enclosed with this Practice Note. | ||||||
10. | The provisions of Rules 24.4 to 24.7 of the Arbitration Rules of the Singapore International Arbitration Centre (7th edition, 1 January 2025) (“SIAC Rules 2025”) are incorporated by reference into this Practice Note and shall apply to all cases to which this Practice Note applies as appropriate. | ||||||
11. | A tribunal may have no more than one tribunal secretary. |
12. | A tribunal secretary is subject to the same standards of independence and impartiality as arbitrators. After their appointment, tribunal secretaries have a continuing obligation to immediately disclose in writing to the tribunal, Registrar, and the parties any circumstances which may give rise to justifiable doubts as to their impartiality or independence. | ||||||||||||||
13. | The arbitrator(s) shall not delegate any decision-making functions to the tribunal secretary. All tasks carried out by the tribunal secretary shall be carried out on behalf of, and under the supervision of, the tribunal. | ||||||||||||||
14. | A tribunal secretary may perform organisational and administrative tasks under the supervision of the tribunal, including but not limited to:
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15. | A tribunal secretary may also provide the following assistance to the tribunal, provided that the tribunal supervises the tribunal secretary’s work and ensures that the tribunal secretary does not perform any decision-making function or otherwise influence the tribunal’s decisions on any matter:
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16. | The performance of any tasks by the tribunal secretary shall not absolve the tribunal of its duty to review all relevant submissions, documents, correspondence, and other material filed by the parties. | ||||||||||||||
17. | A tribunal secretary shall not have any ex parte communication with any party. | ||||||||||||||
18. | The tribunal secretary shall at all times treat all matters relating to the arbitral proceedings as confidential. |
19. | The tribunal shall fix the terms of remuneration of the tribunal secretary after considering the views of the parties, provided that:
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20. | In all cases where the amount in dispute at the time of appointment of the tribunal secretary does not exceed the equivalent amount of S$25,000,000, the tribunal secretary’s fees shall be capped at 20% of each arbitrator’s maximum fees calculated in accordance with the applicable SIAC Schedule of Fees. The Registrar may determine that a fee in excess of this cap on the tribunal secretary’s fees is to be paid to the tribunal secretary. | ||||||||||||||
21. | The Registrar may allow interim payments, including periodic interim payments, to the tribunal secretary, upon request and provision of the requisite supporting documentation by the tribunal secretary. | ||||||||||||||
22. | The tribunal secretary shall be entitled to reimbursement of reasonable out-of-pocket expenses incurred in respect of the arbitration, supported by appropriate invoices or receipts. | ||||||||||||||
23. | A tribunal secretary who is required to travel outside his or her place of residence for a hearing or meeting in relation to the arbitration will be reimbursed with economy class airfare, supported by an invoice or receipt. | ||||||||||||||
24. | In addition to reasonable out-of-pocket expenses, a per diem of SGD 700 shall be payable to a tribunal secretary who is required to travel outside his or her place of residence for a hearing or meeting in relation to the arbitration, whenever overnight accommodation is required. The per diem shall cover expenses for the following items, which are therefore not claimable as out-of-pocket expenses:
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25. | Unless otherwise determined by the Registrar, a tribunal secretary shall not be entitled to payment of amounts towards anticipated expenses. | ||||||||||||||
26. | The parties shall be jointly and severally liable for the fees and expenses of the tribunal secretary. The Registrar shall direct the parties to pay deposits to SIAC towards the tribunal secretary’s anticipated fees and expenses. | ||||||||||||||
27. | In accepting an appointment, the tribunal secretary agrees to be remunerated in accordance with this Practice Note, and the tribunal secretary shall not make any separate arrangements with any of the parties or their representatives in respect of any fees or expenses payable to the tribunal secretary. |
III. Appointment of Members of the SIAC Secretariat as Tribunal Secretaries
28. | This Section III shall, in addition to Sections I and II of this Practice Note, govern the appointment of members of the SIAC Secretariat as tribunal secretaries, save that paragraph 8 of this Practice Note shall not apply to the appointment of members of the SIAC Secretariat as tribunal secretaries. | ||||||
29. | Subject to applicable law, members of the SIAC Secretariat may be appointed as tribunal secretaries in cases administered by SIAC under the SIAC Rules 2025. | ||||||
30. | A tribunal may request that the Registrar identify a member of the SIAC Secretariat to be considered for appointment as a tribunal secretary in an arbitration administered by SIAC under the SIAC Rules 2025. | ||||||
31. | Following a request made under paragraph 30, the Registrar shall consider if it is appropriate to allow the request, and if so, identify a member of the SIAC Secretariat to be considered for appointment. | ||||||
32. | The tribunal may appoint the member of the SIAC Secretariat so identified by the Registrar as a tribunal secretary if
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33. | A member of the SIAC Secretariat who has been appointed as a tribunal secretary shall not be involved in or participate in SIAC’s administration of the arbitration(s) in which he or she has been appointed as tribunal secretary. |
Issued by:
Registrar, SIAC
1 January 2025