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1.

) SCMA small claims procedure


The SCMA SCP is an expedited procedure designed to provide just
and swift resolution to disputes where the sum of the claim and counterclaim is
under US$150,000. The SCMA SCP forms part of the SCMA Arbitration
Rules and applies by default where the sums in dispute are under the
US$150,000 threshold.

Under this procedure, the dispute will be heard and determined by a


sole arbitrator. The arbitration process is expedited and the 30-day intervals for
the serving of case statements under the SCMA Arbitration Rules are reduced
to 14-day intervals. There are no oral hearings unless the tribunal directs
otherwise, and if so directed, the hearing shall be held for arguments only. The
sole arbitrator shall issue his or her award within 21 days from the close of
proceedings and is not obliged to give reasons for the award.

There is also a cap on the arbitrator’s fees and recoverable legal costs.
The arbitrator’s fees are capped at US$5,000 or US$8,000 for disputes with a
counterclaim. The amount of legal or other costs that may be ordered by the
sole arbitrator shall not exceed US$7,000 or US$10,000 for disputes with a
counterclaim.

2.) Singapore Bunker Claims Procedure.

The Singapore Standard Code of Practice for Bunkering 5 and the


Technical Reference Bunker Mass Flow Metering provide for the SCMA to
administer bunker dispute arbitrations in accordance with the Singapore
Bunker Claims Procedure (the SBC Terms). Parties may bring their disputes
for resolution under one of the avenues provided for under the bunker codes
or refer the dispute to the SCMA for arbitration under the SBC Terms.

The SBC Terms provide a simplified, quick and inexpensive procedure


to resolve disputes arising out of the sale and supply of bunkers where the
claim or counterclaim does not exceed S$100,000 and where only a single
issue is involved in the dispute. Where an arbitration proceeds under the SBC
Terms, an arbitrator from the SCMA Panel of Arbitrators is appointed to be
the sole arbitrator.

Parties must file their points of claim within 14 days of the registrar’s
acceptance of the reference and subsequently, within 14-day intervals, file
the points of defence and counterclaim (if any), and the points of reply and
defence (if any). An award must be made by the sole arbitrator within 14
days of the close of submissions or hearing if one is called. The parties must
endeavour to complete the hearings within two days.

Alternatively, parties may invoke the summary procedure under the


SBC Terms within seven days of the service of the notice and request for a
summary hearing within 14 days of such invocation. The registrar of the
SCMA or a person appointed by the registrar will determine the dispute at
the conclusion of the summary hearing.
The SBC Terms were drafted in consultation with the Singapore
Shipping Association, the Maritime and Port Authority of Singapore and the
SCMA. As with all other Singapore-seated awards, awards made under the
SBC Terms are final, binding and enforceable in Singapore and any other
New York Convention state.

3.) SCMA Expedited Arbitral Determination of Collision

The SCMA Expedited Arbitral Determination of Collision Claims


Terms (SEADOCC Terms) is an arbitration procedure designed to determine
collision liability through a binding arbitration award issued within a relatively
short amount of time (for collision claims). The SEADOCC Terms are
invoked by parties’ agreement to appoint a sole arbitrator in accordance with
the terms after a collision has occurred.

The sole arbitrator to be appointed is usually an expert in assessing


collisions liability. Use of the SEADOCC Terms is particularly appropriate
when parties (or their clubs) need to determine liability and resolve inter-ship
claims in an efficient and cost-effective manner. One of the key features of the
SEADOCC Terms is that it stipulates the submission of a predetermined list of
documents necessary for the expeditious determination of collision liability
within 14 days of the appointment of the sole arbitrator.7 The list of
documents must fit within one lever arch file and the summary of background
facts must be set out within no more than six pages of A4 paper.

The SEADOCC Terms were drafted with the support and input from
protection and indemnity insurance clubs, marine insurers and senior maritime
interests in Singapore.

B. Applicable Procedural Rules

Subject to the various provisions under the Arbitration Act (AA) or the
International Arbitration Act (IAA), parties are free to agree on the procedural
rules that will bind the arbitrators and govern the arbitration. It is common for
parties in Singapore to adopt the Singapore International Arbitration Centre ( SIAC
) rules.

In the absence of the parties' agreement, the tribunal can conduct the
arbitration in any manner it considers appropriateThe tribunal has the power to
determine admissibility, relevance, materiality and weight of any evidence and
the key features of the tribunal power in the following sections.
C. Jurisdiction of The Tribunal

As an arbitration-friendly jurisdiction, the courts facilitate and empower


arbitration proceedings in various ways and courts can assist in the arbitral
process by granting a stay of court proceedings in favour of arbitration where
court proceedings are commenced for a dispute that falls within the scope of the
arbitration agreement.

As the arbitrators do not have power over individuals or institutions who do


not submit themselves to the jurisdiction of the tribunal, the Arbitration Act (AA)
and the International Arbitration Act (IAA) allow a party to seek the court's
assistance in compelling the attendance of non-parties to give evidence or
produce documents.

The court also has the following powers exercisable in support of arbitration
proceedings :

a. Parallel powers to the tribunal under the AA and the IAA.

1). Scope of Disclosure

While the Arbitration Act (AA) and the International Arbitration Act (IAA)
provide tribunals with the power to order disclosure, little guidance is
available about the nature of documents that must be disclosed by each
party. In the absence of formal guidance, assistance may be sought from
international guidelines.

A commonly cited source of guidance are the International Bar


Association (IBA) Rules on Taking of Evidence in International Arbitration
which have been suggested as a preferred guiding principle for document
production in arbitrations seated in Singapore.

Unlike disclosure in domestic court litigation, there is no general


obligation on parties to disclose any or all documents that may be relevant
to the dispute and the principle of party autonomy, parties are free to agree
on the applicable rules likely :

a.) Evidence

b). Court and Arbitration

c). Interim Remedies

2.) Securing the amount in dispute


a.) determine all disputes arising under or in connection with the
transaction or the subject of reference, having regard to the scope
of the arbitration agreement and any question of law arising in
the arbitration;

b.) Ensuring that any award made in the arbitral proceedings is not
rendered ineffectual by the dissipation of assets by a party.

c.) The Tribunal shall have the widest discretion allowed by the Act
(where the seat of the arbitration is Singapore) or the applicable
law (where the seat of the arbitration is outside Singapore) to
ensure the just, expeditious, economical and final determination
of the dispute.

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