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1.) SCMA Small Claims Procedure
1.) SCMA Small Claims Procedure
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.
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.
The SEADOCC Terms were drafted with the support and input from
protection and indemnity insurance clubs, marine insurers and senior maritime
interests in Singapore.
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
The court also has the following powers exercisable in support of arbitration
proceedings :
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.) Evidence
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.